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Pregnant Female Employee

You can resign during maternity leave in Singapore. However, you must deal with your notice period, and any maternity leave remaining after your employment ends is forfeited. You cannot assume that unused leave will transfer to a new employer.

Maternity leave can run during a notice period, but that does not mean you can use it to bring the employment end date forward. This distinction is often the main source of confusion.

Before sending your resignation, check the dates, your employment terms and the financial effect. A clear written record can prevent misunderstandings with HR.

Can you resign before maternity leave ends?

Yes. MOM’s guidance on resigning during maternity leave confirms that an employee may resign before completing the leave.

The usual notice obligation still needs to be addressed. Depending on the circumstances, you may serve notice, pay salary in lieu or agree on a waiver with the employer.

Start with your employment contract. Check the notice period and any later amendment, rather than relying on what colleagues were required to do.

Our guide on consulting an employment lawyer before resigning explains when it may be useful to obtain advice before making a final decision.

Can maternity leave count towards your notice period?

Yes. MOM distinguishes taking maternity leave during notice from using the leave to shorten notice.

Its specific answer on maternity leave and notice periods explains that time on maternity leave can count towards serving notice. However, the leave cannot simply be used to reduce the notice period.

Consider a hypothetical example. An employee gives four weeks’ notice while she still has six weeks of approved maternity leave remaining. If her employment ends after those four weeks, the remaining two weeks do not continue as leave from that employer.

The precise dates should be checked against the contract and agreed leave arrangements. Ask HR to confirm the last day of employment in writing.

Why the final employment date matters

The last day you physically attended work may be different from the last day you remain employed. This is especially relevant when leave and notice overlap.

Create a calendar showing the approved maternity leave, date of resignation, notice period and proposed employment end date. Use actual dates rather than phrases such as “after my leave”.

Then ask HR to confirm which days remain covered and how the final payroll will be calculated.

For example, a manager may refer informally to your last working day while payroll uses the legal employment end date. Clarifying that difference early can prevent conflicting expectations about salary, access and handover.

What happens to unused maternity leave?

Unused maternity leave is forfeited once you leave the employment. Do not assume it will be paid out like a remaining annual-leave balance.

This makes timing important. Before choosing an end date, ask for a clear statement of the maternity leave already taken and the balance that would remain.

If you have arranged to spread part of your maternity leave over a longer period, check how resignation affects that arrangement. Do not rely on an old leave calendar that assumes you will remain employed throughout.

Make the decision using the actual financial and family implications. If the calculation is unclear, request an explanation before agreeing to an earlier release date.

Can you transfer the balance to a new employer?

MOM’s guidance on changing jobs during maternity leave states that unused maternity leave cannot be transferred to the new company.

If you need time off after starting a new role, discuss the arrangement directly with the new employer. Do not describe the old leave balance as an automatic entitlement they must accept.

Keep the agreed start date and any additional leave arrangement in writing. This is particularly helpful where recruitment discussions happened before the final resignation date was settled.

Also distinguish a voluntary contractual arrangement from a statutory entitlement. The new employer may agree to something helpful, but the basis should be clear.

Do all employees have the same maternity entitlement?

No. MOM’s eligibility and entitlement guidance explains that the applicable scheme depends on conditions such as the child’s citizenship and the employee’s period of service.

Some eligible mothers receive 16 weeks of Government-Paid Maternity Leave, while the Employment Act framework can provide a different entitlement. The payment arrangements also need to be checked.

Therefore, avoid copying a colleague’s calculation without checking your own position. Two employees who gave birth at similar times may not have identical statutory or contractual arrangements.

Ask HR which scheme applies to you and request the calculation based on that scheme. If your employer offers additional benefits, ask how those terms interact with resignation.

How should you give notice?

MOM’s termination-with-notice guidance states that notice must be in writing. An email can provide a clear record.

State that you are resigning, identify the notice period and give the proposed last day of employment. Ask for acknowledgement and confirmation of the date.

If you want a shorter notice period, request an agreed waiver rather than treating it as automatic. Keep any agreement in writing.

You do not need to put every personal reason into the resignation message. A concise, accurate notice can be followed by a separate discussion about handover, payroll and outstanding questions.

What should you check in the final payment?

Request an itemised calculation showing the amounts payable and any deductions. Check salary, applicable maternity payments, unused annual leave and other contractual items separately.

MOM’s salary-payment guidance states that an employee who resigns and serves the required notice should generally receive final salary on the last day of employment. Different timing applies where notice is not served, and tax-clearance rules can affect foreign employees.

Do not assume that a single amount labelled “final settlement” explains the calculation. Ask for the relevant dates and basis.

If something appears wrong, raise the specific item in writing and retain the response. A precise question is easier to resolve than a general complaint that the payment seems low.

Can you start another job during maternity leave?

Be careful. MOM’s maternity protections and obligations guidance states that an employee must not work for another employer during maternity leave. Doing so can lead to forfeiture of maternity benefits and dismissal.

Therefore, coordinate the new start date with the end of the current employment and leave arrangements. Do not assume that serving notice makes you free to begin elsewhere immediately.

Ask both employers to confirm the relevant dates where necessary. If a new employer asks you to attend training or perform work before the start date, clarify the arrangement before agreeing.

What if the employer is pressuring you to resign?

A voluntary resignation is different from being dismissed or retrenched. If you feel pressured to resign, preserve the communications and obtain advice before signing an agreement.

MOM explains that maternity protections can apply where qualifying employees are dismissed without sufficient cause or retrenched during pregnancy. Dismissal during maternity leave is also subject to statutory protection.

Our wrongful dismissal guide provides background on claim options. Do not assume that writing a resignation letter is the only way to respond to pressure.

If there is a possible employment claim, check the applicable deadline promptly. The relevant time limit depends on the type of claim.

Prepare a manageable handover

Agree on a practical handover that respects your leave position and the arrangements already in place. Identify where files are stored, which matters are outstanding and who will take responsibility.

Avoid promising unlimited availability after employment ends. If the employer needs further assistance, the scope and basis should be discussed clearly.

A simple checklist may include returning equipment, recording company access details through approved channels, confirming expense claims and keeping copies of your personal employment records.

Our guide to employment contract checks can help you identify continuing clauses that may need attention, such as confidentiality.

A checklist before you send the resignation

Take a moment to confirm the information that will affect your decision.

  • Which maternity scheme and contractual benefits apply?
  • What notice period must you give?
  • What will the final employment date be?
  • How much leave would remain unused?
  • What final payment do you expect?
  • When can the new role begin?
  • Are there any disputed deductions or repayment terms?

If the answers are unclear, collect the contract, leave approval and payslips before seeking advice. You will get a more useful assessment with actual records than with an estimated leave balance.

Finally, keep a copy of the resignation and acknowledgement outside the employer’s email system, using an appropriate method that does not take confidential company information.


Frequently asked questions

Can I resign while I am still on maternity leave?

Yes. You must address the required notice period or salary in lieu unless a waiver is agreed. Any maternity leave left after your employment ends is forfeited, so check the timing and financial effect before choosing the end date.

Does maternity leave shorten my notice period?

No. Maternity leave can be taken during the notice period and count towards serving it, but it cannot simply be used to bring the employment end date forward. Confirm the dates with HR in writing.

Must my new employer accept my remaining maternity leave?

No. MOM states that unused maternity leave cannot be transferred when you change jobs. Discuss any time off you need with the new employer and record the agreed arrangement separately from your previous leave entitlement.

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About the Author: Randy Alta
Randy Alta holds a Juris Doctor degree and currently works as a legal researcher supporting Singapore-based and international clients. His areas of experience include family law, corporate and commercial law, criminal law, and the mediation of cross-border business disputes.