Father resigning in first year: no notice period required

Maternity and paternity
A father who resigns within the child’s first year is not required to give notice
Court of Cassation, Labour Division

A worker who had taken compulsory paternity leave resigned within the first year of his daughter’s life without serving notice. The company withheld Euro 5,648.61 from his final pay. The worker obtained an injunction order and the lower courts confirmed his right to restitution.
The Court of Cassation dismissed the company’s appeal. It clarified that a father who resigns during the protected period is not required to give notice, even where he has not taken parental leave. The protection operates in an analogous manner for both parents and cannot depend on a leave choice that, for the father, is optional.
It is, however, necessary that the employer be aware of the employee’s family circumstances. Such awareness may already be established, as in the case examined, or may be communicated at the time of resignation.
In practical terms, the company may not retain the payment in lieu of notice if the father resigns within the child’s first year of life and makes his circumstances known. Before making any deductions, it is therefore necessary to verify the protected period and the information available.