Maternity or adoption: Can the employee resign to raise a child?

Verified 16 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employee may resign in order to raise his child after maternity or adoption leave. In this case, the employee is exempted from the obligation to give prior notice.

The employee shall inform the employer at least 15 days in advance of his will to to resign in order to raise a child by letter RAR: titleContent or hand-delivered against dump.

He may resign:

  • Either at the end of the maternity leave,
  • Either in the 2 months following the birth of the child or arrival of the child at home.

The employee does not have to pay compensation for the termination of the employment contract to the employer because of the lack of notice.

After resignation, the employee may receive a re-hire priority in the company during 1 year for jobs corresponding to his qualifications.

The request for re-hire priority must be addressed to the employer, within one year of the termination of the employment contract, by registered letter with AR: titleContent or hand-delivered against dump.

In the event of re-employment, the employee shall enjoy all the benefits he had acquired before his departure.

Please note

If the employee resigns after the birth or adoption of the child for work in another company, he must give the notice in the usual manner resignation.

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