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Although the FMLA requires your employer to return you to your former position once your leave is over, this obligation ends once you give notice that you will not return to work. You might find yourself cut off from health insurance and other benefits and any employer-provided paid leave programs you were using.
When an employee is on Family and Medical Leave Act (FMLA) leave, the act protects an employees job duties, schedules and work location by prohibiting changes that include the following: changing the essential functions of the job in order to preclude the taking of leave; reducing hours available to work in order to
Maternity pay lasts for 39 weeks but maternity leave lasts for 52 weeks (the last 13 weeks is usually unpaid). You are entitled to remain on maternity leave for up to 52 weeks and resign towards the end of your maternity leave period if you decide that you are not able to return to work.
You have a right to return to work on the date you choose, as long as you give proper notice. If you return to work without giving notice, your employer is entitled to postpone your return for the full notice period (8 weeks). However, your employer cannot postpone your return beyond the date your maternity leave ends.
In the US theres no federal guarantee to paid leave - the paid part is at the discretion of the employer. The federal government protects your job for 12 weeks, unpaid. If you dont show up to work after that, the employer decides whether to extend leave, negotiate accommodations, or terminate.
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Claimants are paid 85% of their average weekly wage, up to the maximum weekly benefit rate set for that calendar year. In 2023, the maximum weekly benefit rate is $1,025 per week. In 2024, the maximum weekly benefit rate is $1,055 per week.
Youre not legally required to return to work after maternity or paternity leave. You can quit your job at any time, for any reason. Unless you are required by contract to stay in your job for a certain amount of time, youre an at-will employee and are legally entitled to quit.
You may chose to resign during maternity leave or prior to taking maternity leave, or return for a brief period and then resign. Your decision may be influenced by financial considerations, as quitting prior to maternity leave may mean losing insurance or paid time off.

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