Can my employee resign when she's on maternity leave?

Your Maternity Leave Solution

Dear employer,

If your employee is on maternity leave, I’m willing to bet you’ve wondered if she’ll even come back after tasting how great life is spending time at home with her beloved newborn.

Truth is, most mothers only realise how precious time with their little one is after they’ve given birth...

They start worrying about not being there to witness their baby take their first step, say their first word or cut their first tooth.

But as exciting as this time is for your employee, it can be a stressful time for you...

After all, not only do you need to look for a temp to fill your employee’s role, you’ll probably have to do piles of research trying to find answers to maternity leave questions like:

  • “Can your employee legally resign while on maternity leave?”
  • “Do I have to pay benefits like pension and medical aid while she’s on maternity leave?”
  • “Is maternity leave separate from annual leave?”

Sure, you can ask your questions on various HR websites and forums out there, but not only will you wait days for a response, when you eventually get an answer, how will you know it’s legally correct according to the Basic Conditions of Employment Act and other labour legislation?

And what about men? If they're the primary care givers, do you need to give them maternity leave? With the recent breakthrough case, there are instances when you have to give men maternity leave too. But there are 3 criteria they have to meet...

Today, I’m going to introduce you to one simple tool that’ll provide you with legally correct answers to the most asked maternity questions so your company won’t have another maternity leave headache again.

Do you know the answers to these 7 frequently asked maternity leave questions?

You may think maternity leave isn’t difficult at all. After all, you just give your employee time off to have her baby, wait till she comes back and life returns to normal... Right?


There’s more to maternity leave than meets the eye!

In fact, I couldn’t believe how much confusion maternity leave causes readers of our Labour and HR Club

But judging from the questions they ask us, it’s a lot!

What about you? Do you know the answers to these frequently asked maternity questions?

  • When are you obliged to send your employee on maternity leave?
  • Do you have to pay benefits like pension and medical aid while your employee’s on maternity leave?
  • Can your employee resign while she’s on maternity leave?
  • Do you have to pay your employee her full salary when on maternity leave?
  • Is maternity leave separate from annual and sick leave?
  • Can your employee request an extension to her maternity leave?
  • How soon after the birth can your employee return to work?

Knowing the answers to these and other important maternity leave questions could mean the difference between landing up at the CCMA and running your business successfully...

And that’s where Your Maternity Leave Solution - All of your burning questions answered comes to the rescue...

Get more than just answers to your burning maternity leave questions...

Your Maternity Leave Solution is an easy-to-use, electronic report brought to you by the team of experts behind The Practical Guide to Human Resources and Labour Law for Managers.

With Your Maternity Leave Solution you’ll not only get 33 legally compliant answers to your burning maternity leave questions, you’ll also get:

  • A sample maternity leave policy you can customise to suit your business. One that is gender neutral where it needs to be, so you won't be caught unfairly discriminating against men;
  • A sample of the Acknowledgement of Maternity Pay Notice;
  • A sample Breastfeeding Policy;
  • All the relevant UIF forms you need to fill in for your employee;
  • And much more…

With all this at your disposal, you can rest assured Your Maternity Leave Solution will solve all your maternity leave headaches by ensuring you:

  • Comply with the maternity leave and benefits regulations according to the Basic Conditions of Employment Act so your employee can’t take you to the CCMA for unfair labour practices...
  • Implement an effective, legally compliant maternity leave policy so you’ll always know you're granting maternity leave correctly... And who actually qualifies now!
  • Have the legally compliant answers to 33 of the most frequently asked maternity leave questions so you won’t have to spend days waiting for replies from experts online...
  • Calculate maternity leave correctly without any hassles...
  • Understand what forms your employee needs to fill in to claim UIF so you won’t waste time looking for the correct ones...
  • And much more...

Solve all your maternity headaches with one easy-to-use tool today...

An hour’s worth of maternity leave advice from an HR consultant will cost you R1 000 or more...

And it’ll take more than one hour to get all the information and answers included in Your Maternity Leave Solution. And never mind the time it will take to prepare and defend an unfair discrimination case at the CCMA because you didn't apply your maternity policy fairly!

But because I know that there are over 1 234 unfair labour practice cases that go to the CCMA every year, of which maternity leave issues make up a large chunk, I know you need this information to help you solve all your maternity headaches right now. 

That’s why, order today, and I’ll give you Your Maternity Leave Solution for the low price of just R349 (incl. Vat)...


  • No more waiting for expert to reply to your question;
  • No more hoping and crossing fingers that your maternity policy doesn't discriminate;
  • No more wondering whether the information you found is legally compliant; and
  • No more worrying about landing up at the CCMA for unfairly discriminating against your pregnant employees.

With Your Maternity Leave Solution, all your maternity leave headaches will be a thing of the past!

Here’s to being legally compliant!

Taryn Strugnell,
FSP Business

P.S Here’s a sample of just a few more burning questions you’ll get answers to when you receive your copy of Your Maternity Leave Solution Guide:

  • When must your employee must notify you she’s going on maternity leave?
  • When do you have to give your male employees maternity leave?
  • How many days maternity leave must you give your employee?
  • Does annual leave still accrue while on maternity leave?
  • How do you grant adoption leave for same-sex couples?
  • How can my pregnant employee claim UIF?
  • Are there other options to compensating my employee while she’s on maternity leave?
  • Do I have to accommodate breastfeeding?


Secure Order Form

Yes! I’d like to order Your Maternity Leave Solution so I’ll know exactly what I do and don't have to do when it comes to maternity leave.

My order will be emailed directly to me and I’ll receive:
  • My copy of Your Maternity Leave Solution electronic report
  • FREE Subscription to daily Labour Bulletins: We give you expert advice from South Africa’s labour and HR experts.  Receive concise, practical tips and advice that is easy to understand and will take you just minutes to read.
Your Maternity Leave Solution

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