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Post Info TOPIC: RESIGNATION ON MATERNITY LEAVE
Anonymous

Date:
RESIGNATION ON MATERNITY LEAVE
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I would like to know if it is legaly possible to resign while on maternity leave and if not what steps could the employer take against the person not returning after maternity leave.
Thank you

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Anonymous

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No, you may not resign while still on maternity leave, or rather, your notice period may not overlap your maternity leave period, or any leave period for that matter, unless it is agreed by the parties.  If an employee doesnt give notice but absconds, it could firstly lead to the employer giving you a bad reference to whomever enquires in future. Secondly, if your lack of notice period causes any financial damage to the company, the company can claim these damages back from you.  For example, if they have to get a replacement person in a hurry through a temping agency.  The costs invovled could be claimed from you.  However, if you are already on maternity leave, this doesnt seem to be very likely.  the right thing to do would be to see your HR manager and discuss the situation with them.  Be frank and honest, and see if you cannot come to an amicable arangement that could suit both parties.  I am sure they would apprecate the fact that you have been honest and upfront with them, and not kept it as a last-minute surprise. 

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Labour Protect

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With regards to resignation, it is preferred that neither the employer / employee terminate the employment whilst the employee is on leave, whichever it may be. The employee signed a COE and in terms of this, both parties has a duty against the other to give notice of the intended resignation / dismissal as per the COE.

However should you choose to resign and not return to work, you have to communicate this with your employer ASAP!!

It is never a good idea to burn bridges.

The employer may not give you a bad reference and this will always remain a matter of fact that will be extremely difficult to prove.

Whatever you decide, there will be no costs involved for you in the employer hiring someone new.



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Anonymous

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I’m working for the same company now for the past two years and is still haven’t received a contract when. I started to get my paper work in order for UIF claiming I was told by the office that it is not their responsibility to fill in the papers after I had to get the paper work myself I also struggled to get my boss to sign the papers. I’m now currently on maternity leave and I’m receiving no benefits from the company they already have a temp replacement for me I decided not to return back to work due to the fact that I have a new job according to the labour law what action can the employer take against me. My maternity leave end on 29 march 2014



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Sam22

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By law they should have given you a contract. If there is no contract present, then there was no communication as to what the terms of employment/termination are. Hence, they have no leg to stand on wrt you having another job post your maternity leave. Ideally, it would be best to work out your notice period, so as to "not burn bridges". But if they already have a temp, and you were not given any terms to your employment, then communicating your resignation at least should suffice. 



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LP

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Please note that the law does NOT require a written contract for the commencement of an employment relationship. The law does, however, place an obligation on the employer to provide the employee with the written particulars of the contract of employment. This does not need to be in the form of the contract itself, and need not be signed by the parties.



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Anonymous

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Hi There,

 

You cant give a months notice while you're on maternity leave - understood...
 
But if I give them a months notice during my maternity leave, plus use my months annual leave due to me as my notice - can they force me to work it? OR is it my decision?
 
We already have a temp in who will take over my position for the duration of my leave (only in 5 weeks)
She can also stay on to full time to replace me, so they won't be inconvenienced at all.


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Anonymous

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If i resign while im on maternity leave will i be paid out by labour because i already have submitted my forms at labour en im on waiting period of 6 weeks en the baby has been born will i lose the money or not

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Anonymously

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My boss asked me if lwas coming back after martenity lsaid yes .but no w don't think lwill .still at work .if lresign while on maternity can he sue me

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Anonymous

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is it illigal to have a scond job whils on paid maternity leave. would both employers find out?

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Anonymous

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I resigned after my 3 month of maternity but found out that I was fired the week before. What will happen now?

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Anonymous

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I am on maternity leave. My boss said she will give me my full salary every month. She hasn't not for the first two months. But she phones me to come help out at work. So I have to go to work with my baby. She doesn't even give me petrol money. And her response is there she has no money because business is slow.

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Anonymous

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Hi

Before applying for resignation after my ML , I had asked my HR manager regarding terms and condition but he didn't let me know any thing about the policies and intern they called one day and told me about the last working day. After 1 and half month of resignation I joined new organisation and when I enquired about my fnf and documents they are telling that I should pay fixed pay on my CTC for 90 days as a recovery amount which was not communicated to me earlier. Its a big amount and I'm not in a situation to pay. Please advice how to deal with this.



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Anonymous

Date:
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Hi

Before applying for resignation after my ML , I had asked my HR manager regarding terms and condition but he didn't let me know any thing about the policies and intern they called one day and told me about the last working day. After 1 and half month of resignation I joined new organisation and when I enquired about my fnf and documents they are telling that I should pay fixed pay on my CTC for 90 days as a recovery amount which was not communicated to me earlier. Its a big amount and I'm not in a situation to pay. Please advice how to deal with this. Before going on Maternity replacement was taken knowledge share as been done.



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Anonymous

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hi,

 

i work in India and my ml is till mid august. However, i do not think i will be able to join back. Hence, without wasting time, would like to inform my HR about the same. Can they ask me to pay back for the 12 week ML alaready taken? 

 

Thanks

Kopal



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Anonymous

Date:
retrenchment
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Hi i was retrench today due to budget & financial constraints.they gave me 7 days notice after i worked 4years for them.what makes me question this,is when i started working for this company they told me if i am 5years in this company then i will get medical aid,provident funds and all,so now i 'm 4 years there today i got retrench it was a shock.What am i suppose to do?will they only give me the days money i worked this month? And thats that??

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Anonymous

Date:
RESIGNATION
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Good day, Is it normal for a company to have policy of serving two months notice.

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Anonymous

Date:
RE: RESIGNATION ON MATERNITY LEAVE
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I am on.maternity leave and want to resign from my employment. Can I still claim for maternity benefits from the UIF

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Anonymous

Date:
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Hi there, I have been working for this company for two years and now still on maternity leave and I have to go back in 7 weeks, can I still resign with immediate effect or its a must to serve a notice

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Anonymous

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Maternity discrimination
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Good Morning.I was just wondering... weather this falls under maternity discrimination. .I work as a customer relations consultant as therefore a percentage of the branch's commis sion /bonus is paid on a monthly basis.since I've been on maternity I've never received any of it.. My question is why comm is paid while on any other leave besides on maternity???

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Anonymous

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RE: RESIGNATION sick
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Hi i want to no if i should claim uif after resigning cos i hve been sick pls help

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Anonymous

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Hi i want to no if i should claim uif after resigning cos i hve been sick pls help

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Anonymous

Date:
RE: RESIGNATION ON MATERNITY LEAVE
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Hi there, I am currently on unpaid ML and I have resigned from my job as I would like to stay at home for a year with my child, also for breastfeeding purposes. I have resigned two months before I need to return and my notice period is two months. Do they have any legal grounds because I’m resigning during ML? They have not employed anyone to assist whilst I’m away

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Anonymous

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I have registered for maternity leave but i didn't received any payment why

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Anonymous

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Can a company pay me if I resign when I'm in maternity leave

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Anonymous

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Going back to work on 03 January 2023 and thinking of resignation end of November since my notice period is 30 days. I took 6 months which they only pay 5 months. Will I have to go back early to the office and work my notice or no need for that because I'm still on unpaid martenity leave? The policy says I must work 6 months after martenity leave or else pay back company contribution which I don't mind but it doesn't say anything about serving a notice while you are still on leave.

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