Can an employee resign during maternity leave?
Verified 13 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, an employee may resign during maternity leave, pregnancy or after childbirth, subject to certain conditions.
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Resignation during pregnancy
During her pregnancy, the employee may resign from her position.
They don't have to give notice.
She does not have to pay severance pay to her employer because of the lack of notice.
No legal procedure is imposed to inform the employer of his intention to terminate the employment contract.
However, to prevent any dispute, it is preferable to inform your employer by registered letter with AR: titleContent his willingness to resign.
The employee is entitled to a compensatory allowance for paid leave if she was not able to take all her accrued leave before the date of her resignation.
Warning
If the employee resigns during her pregnancy, she cannot benefit from the right to return to the company provided for at the end of her maternity leave.
Resignation after delivery
The rules differ depending on whether the employee resigns to take up another job or to raise her child following maternity leave.
Resignation to take up another job
The employee may resign during her maternity leave to work in another company.
It must then give notice under the usual conditions of the resignation.
The employee is entitled to a compensatory allowance for paid leave if she was not able to take all her accrued leave before the date of her resignation.
Resignation to raise a child
The employee can resign to raise her child.
They don't have to give notice.
She does not have to pay severance pay to her employer because of the lack of notice.
The employee may resign:
- Either at the end of the maternity leave
- Either in the 2 months depending on the birth of the child
The employee shall inform her employer at least 15 days in advance.
After her resignation, she may be given priority for re-employment in the company for 1 year for jobs corresponding to his qualifications.
The request for priority re-employment must be sent to the employer, within one year of the termination of the employment contract, by registered letter with AR: titleContent or against receipt.
In the event of re-employment, the employee shall enjoy all the benefits she acquired before her departure.
The employee is entitled to a compensatory allowance for paid leave if she was not able to take all her accrued leave before the date of her resignation.
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Resignation during pregnancy
Resignation to raise a child
Resignation to raise a child