Posted by: Mich | 2009-01-21

Can I resign?

Can I resign when on maternity leave? I have heard stories that they will not pay out your final salary due to you when you resign when on maternity leave. Can they do this? Can they take your leave pay / pension etc?

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Our expert says:
Expert ImageLabour lawyer


You may resign at any time, however you need to look at your letter of appointment to see if there is anything in the contract of employment which governs your resignation during maternity leave. If there is nothing there, then they cannot touch your leave pay and your pension.

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Our users say:
Posted by: piet pompies | 2009-01-22

ok i am private so let me tell u what i will do. dont resign know wait until u are suppos eto return to work, your are still accumalating annual leave days that they have to pay out when u resign - or do u have in new job in sight. they cant witheld any payment as u are still a full time employee. they need to handle it as any other normal resignation. and remember i am sure that u are getting unemployement as well.

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