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Can an employee resign during maternity leave?

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

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

During pregnancy

During your pregnancy, you may resign your position.

You don't have to perform a notice of termination.

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

No legal procedure is required to inform your employer of your willingness to break your employment contract.

However, to avoid litigation, it is best to inform your employer by letter with RAR: titleContent of your willingness to resign.

You are entitled to vacation compensation if you were unable to take all of your earned leave prior to the date of your resignation.

Warning  

if you resign during your pregnancy, you are not entitled to be reinstated in the company provided for at the end of your maternity leave.

After giving birth

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

You take another job

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

You must then notice under the usual conditions of resignation.

You are entitled to vacation compensation if you were unable to take all of your earned leave prior to the date of your resignation.

You quit to raise your child

You can quit to raise your child.

You don't have to perform a notice of termination.

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

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

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

However, after you resign, you may be given a priority to rehire in the company for 1 Year for jobs matching your qualifications.

The request for priority for 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 vacation compensation if you were unable to take all of your earned leave prior to the date of breach of your contract.