1) The short legal answer

In the Philippines, an employee who resigns is generally required to give the employer written notice at least 30 days in advance (the “30-day notice rule”). You can skip (or shorten) that 30-day notice only in limited situations, mainly:

The employer agrees to a shorter notice period (including immediate resignation), or
The resignation is for a “just cause” that allows immediate resignation under the Labor Code (e.g., serious insult, inhuman treatment, crime against you, or analogous causes).

Maternity leave does not automatically exempt you from the 30-day notice requirement. But maternity leave affects timing and practical options in ways that can let you leave without physically returning—if handled correctly.

2) Key laws and concepts to know (Philippine context)

A. Resignation and the 30-day notice rule (Labor Code)

Under the Labor Code provision on termination by employee (commonly cited as Article 300 [formerly Article 285]), an employee may terminate employment without just cause by giving the employer at least one (1) month written notice.

That notice period is not a “penalty”; it’s meant to give the employer time to adjust and find a replacement.

B. Immediate resignation for “just causes” (same provision)

The same Labor Code provision allows resignation without notice (immediate resignation) if there is a just cause, such as:

Serious insult by the employer or employer’s representative on your honor and person
Inhuman and unbearable treatment by the employer or representative
Commission of a crime or offense by the employer or representative against you or your immediate family
Other causes analogous to the above (interpreted through jurisprudence; examples below)

C. Maternity leave protections (Expanded Maternity Leave Law)

The Expanded Maternity Leave Law (R.A. 11210) provides maternity leave benefits and includes strong protections against discrimination related to pregnancy and childbirth. It is important for resignation discussions because:

It reinforces that pregnancy/maternity status should not be a ground for adverse treatment.
It helps identify situations where a “resignation” may actually be forced (constructive dismissal).

3) So can you skip the 30 days after maternity leave?

Scenario 1: You resign normally (no just cause)

Rule: You should give 30 days written notice. If you don’t, the employer may treat it as failure to comply with notice and could claim damages if they can prove actual harm. In practice, many employers use it to justify delays in clearance or final pay processing (even if they still must follow labor standards on wage/payment obligations).

Maternity leave does not remove this requirement.

Scenario 2: The employer agrees to immediate resignation (or shorter notice)

Yes, you can skip/shorten if the employer accepts a shorter notice period. This often happens via:

An employer-written acceptance stating your resignation is effective on a mutually agreed date, or
A resignation letter stating “effective immediately” (or earlier than 30 days) that the employer explicitly accepts

Important: Employer “acceptance” is not strictly required for resignation to be valid, but agreement on a shorter notice is what makes skipping the statutory notice safer.

Scenario 3: You have a legally recognized “just cause” to resign immediately

Yes, you can skip the 30 days if your reason fits the Labor Code grounds for immediate resignation.

Examples commonly argued as “analogous causes” (case-dependent):

Serious harassment or threats; hostile/abusive conduct that becomes unbearable
Nonpayment or repeated delay of wages; illegal deductions
Serious violations of your rights (e.g., severe discrimination, retaliation)
Unsafe work conditions that put you at real risk
Situations that effectively force you out (which can also be framed as constructive dismissal)

Because “analogous causes” are fact-specific, documentation matters (messages, incident reports, medical records, HR complaints, witness statements, etc.).

4) The maternity leave timing strategy: How some employees leave without returning

Even if you cannot legally resign “immediately,” you may be able to resign without physically reporting back by timing your notice properly.

A. You can submit resignation while still on maternity leave

Philippine law does not forbid resigning during maternity leave. If you submit your resignation with a 30-day notice while you’re still on leave, the notice period can run concurrently with your leave.

Result: Your employment ends after the notice period, and you may not need to return to the workplace at all—depending on timing.

Be careful about:

Company clearance requirements (ID, equipment, account turnover) — you may need to coordinate remotely.
Handover obligations — you may be asked to turn over files or train a replacement (often doable online).

B. If maternity leave is about to end and you resign only at the last minute

If you send notice only near the end of leave, your 30 days will likely extend beyond the leave period, meaning you may need to:

Return to work for the remaining days, or
Use available leave credits (if approved), or
Negotiate a shorter notice period, or
Justify immediate resignation via a valid just cause

5) What happens if you “skip” notice without agreement or just cause?

A. The employer may claim damages (but not automatic)

The Labor Code contemplates liability for damages if the employer can prove losses caused by the abrupt departure. This is not automatic; it usually requires proof and, in practice, is often not pursued unless the role is critical and the harm is clear.

B. Final pay and documents can become contentious

Even when there’s a dispute, the employer still has obligations under labor standards. Common friction points:

Delayed release of final pay pending clearance
Disputed deductions (e.g., unreturned equipment, cash advances)
Withholding certificates or employment records

Employers generally should not withhold what is legally due without basis, but clearance procedures are widely used. Manage this by documenting turnover and requesting a written breakdown of any deductions.

C. Risk of “abandonment” allegations if you simply stop showing up

If you do not resign and simply fail to report after maternity leave, the employer may initiate termination for abandonment (a form of neglect of duty). Abandonment generally requires:

failure to report for work, and
a clear intention to sever the employer-employee relationship

A proper resignation letter (even emailed) helps negate claims of abandonment and clarifies that separation is voluntary on your part.

6) Forced resignation and constructive dismissal: a major risk area after maternity leave

Sometimes “resignation after maternity leave” is not truly voluntary. Red flags include:

Being told you cannot return unless you resign
Demotion, drastic pay cut, or punitive reassignment after leave
Harassment, shaming, or retaliation related to pregnancy/childbirth
Refusal to reinstate you to a comparable role without valid reason
Pressure tactics: “resign or we’ll terminate you / file a case / blacklist you”

These can support a claim of constructive dismissal (you were forced to quit due to unbearable or unreasonable conditions). Constructive dismissal is treated as an illegal dismissal issue and is evaluated based on facts and evidence.

7) Maternity benefits, pay issues, and what resignation changes (and doesn’t)

A. Maternity leave benefit vs. salary

Under the Expanded Maternity Leave framework, maternity benefits are largely tied to SSS rules (for private sector employees) and may include employer components (e.g., salary differential) depending on applicable rules and exemptions.

Resignation generally does not mean you “owe back” statutory maternity benefits simply because you didn’t return—there is no general rule that maternity benefits become refundable upon resignation. However:

Company policy “top-ups” (amounts beyond legal requirements) may be governed by a written policy or agreement. Enforceability depends on the exact terms and whether they are lawful and reasonable.
If you signed a return service agreement (rare in ordinary employment; more common where there were special benefits/training), it may attempt to impose repayment or a minimum service period. These are assessed case-by-case.

B. 13th month pay and leave periods

Your final pay should generally include pro-rated 13th month pay based on rules for “basic salary earned.” Maternity leave pay that is statutory benefit (rather than employer-paid basic wage) is treated differently from ordinary wages; how it is counted can vary depending on what portion is employer-paid wages versus statutory benefit and how it is characterized in payroll. If there is a dispute, ask HR/payroll for the computation basis in writing.

C. Service Incentive Leave (SIL), vacation leave conversion

Service Incentive Leave (5 days) applies after at least one year of service, unless exempted by law or company classification. Unused convertible leave may be included in final pay depending on policy and practice.
Company vacation leave conversion depends on the company’s rules or established practice.

8) Final pay (“last pay”), clearance, and your exit documents

A. What final pay commonly includes

Upon resignation, “final pay” typically includes:

Unpaid salary up to the last day
Pro-rated 13th month pay
Cash conversion of convertible unused leave (if applicable)
Any tax refund/adjustments (if applicable)
Other earned benefits due under company policy or contract

B. Timing

DOLE guidance commonly used by employers provides that final pay should be released within a reasonable period (often referenced as within 30 days from separation, subject to clearance and company processes, unless a faster timeline applies under contract/CBA/company policy).

C. Documents you can request

Common documents employees request upon exit:

Certificate of Employment (COE)
BIR Form 2316 (tax)
Final payslip / breakdown of final pay
Clearance confirmation

If you need these for a new job, request them early and keep a paper trail.

9) Practical steps to resign correctly after maternity leave (and minimize risk)

Step 1: Decide your legal basis

Normal resignation: plan for 30 days
Immediate resignation: ensure you have either (a) employer agreement, or (b) a defensible just cause

Step 2: Time your resignation if you want to avoid returning

If you want your last day to fall before you return onsite:

Serve the 30-day notice while still on maternity leave, if timing allows
Coordinate turnover remotely

Step 3: Put everything in writing

Use email (or a written letter received by HR) so you can prove:

Date of notice
Intended effectivity date
Reason (especially if immediate resignation)
Handover plan

Step 4: Manage turnover and clearance early

If you have company property:

Arrange return by courier or scheduled drop-off
Request written acknowledgment of returned items
Turn over passwords/files per company policy (without compromising confidentiality obligations)

Step 5: Ask for final pay computations and documents

Request:

Final pay computation breakdown
Release date
COE and 2316 timelines

10) Common questions

“I just finished maternity leave. Can I resign effective immediately because I’m a new mom?”

Being postpartum or having childcare needs is understandable, but it is not automatically a Labor Code “just cause” for immediate resignation. Immediate resignation still generally needs either employer consent or a recognized just cause under the Code (or analogous causes supported by facts). Without those, the safer route is the 30-day notice (served during leave if possible).

“Can my employer refuse my resignation?”

They can refuse to accept an immediate effectivity date, but they generally cannot force you to remain employed indefinitely. If you resign with proper notice, employment ends after the notice period.

“What if I don’t return after maternity leave and I don’t send a resignation letter?”

That exposes you to an abandonment process and complicates release of pay/documents. If you intend to leave, send written notice.

“Can the company withhold my last pay because I didn’t render 30 days?”

They may attempt to delay processing due to clearance or assert claims, but withholding earned amounts without lawful basis can be disputed. If deductions are imposed, request a written legal and factual basis and a detailed computation.

“I’m being pressured to resign after maternity leave.”

Pressure, threats, demotion, or retaliation tied to maternity can support a claim that the resignation is not voluntary (constructive dismissal). Document everything.

Bottom line

You usually cannot unilaterally “skip” the 30-day notice just because you are resigning after maternity leave. You can lawfully leave without rendering it only if (1) the employer agrees to shorten/waive the notice, or (2) you have a recognized just cause that allows immediate resignation. If your goal is not to return physically, the most practical lawful method is often to serve the 30-day notice while still on maternity leave so the notice period runs before you would otherwise report back.