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Post Info TOPIC: RESIGNATION ON MATERNITY LEAVE
Anonymous

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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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