Can an employee resign during her pregnancy?

Verified 16 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employee may resign during her pregnancy.

It may, in such a situation, terminate its employment contract without giving notice.

She does not have to pay severance pay to the employer because of the lack of notice.

No legal procedure is imposed to inform the employer of his intention to resign. To avoid all dispute, it is however preferable to do so by written (letter RAR: titleContent or hand-delivered against dump, for example).

The employee is entitled to a compensatory allowance for paid leave if she was not able to take all the leave accrued before the resignation.

Warning  

If the employee resigns during pregnancy, she cannot benefit from the right to reinstatement in the company provided for at the end of maternity leave.

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