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Can an employee resign during maternity leave?

Verified 17 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)

You can resign during your maternity leave, during your pregnancy or after giving birth, under certain conditions.

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During your pregnancy

During your pregnancy, you may resign from your position.

You don't have to give notice.

You do not have to pay severance pay to your employer because of the lack of notice.

There is no legal process imposed to inform your employer of your intention to terminate your employment contract.

However, to prevent any dispute, it is best to inform your employer by letter with RAR: titleContent your willingness to resign.

You are entitled to a compensatory allowance for paid leave if you have not been able to take all your earned leave before the date of your resignation.

Warning  

if you resign during your pregnancy, you cannot benefit from the right to return to the company provided for at the end of your maternity leave.

After you give birth

It depends on whether you resign to take up another job or to raise your child following your maternity leave.

You're taking another job

You wish to resign during your maternity leave to work in another company.

You must then give notice under the usual conditions of the resignation.

You are entitled to a compensatory allowance for paid leave if you have not been able to take all your earned leave before the date of your resignation.

You're quitting to raise your child

You can resign to raise your child.

You don't have to give notice.

You do not have to pay severance pay to your employer because of the lack of notice.

The termination of the contract shall take place during one of the following periods:

  • At the end of the maternity leave
  • In the 2 months depending on the birth of the child

You must inform your employer of your intention to resign, by registered letter with RAR: titleContent or delivery against receipt, at least 15 days before the end of maternity leave.

However, after your resignation, you can benefit from a priority to re-hire in the company during 1 year for jobs matching your qualifications.

The request for priority re-employment must be sent to the employer, within one year of the termination of the employment contract, by letter with RAR: titleContent or against receipt.

In case of re-employment, you benefit from all the advantages you acquired before your departure.

You are entitled to a compensatory allowance for paid leave if you have not been able to take all the leave earned before the termination date of your contract.

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