Legitimate resignation to follow your partner abroad

The best solution is therefore to resign on the date of the spouse's departure. If you are already on maternity leave, Pôle Emploi accepts to qualify as legitimate the resignation that occurs at the end of the stop already opened when the spouse leaves abroad. This recognition applies only to maternity leave and not to sabbatical leave or leave without pay because the direct cause of the resignation is no longer the departure of the spouse abroad but the end of the sabbatical or unpaid leave.

Parental leave may be used as an alternative to the legitimate resignation mechanism provided that the duration of the expatriation does not exceed 3 years. Indeed, parental leave suspends the employment contract for a maximum period of 3 years.

Parental education leave should not be confused with parental education allowance, which is a conditional family benefit. At the end of the parental leave, you will return to your previous job or a similar job with equivalent remuneration.

If you resign after parental leave, you cannot benefit from the advantageous mechanism of legitimate resignation. Unless the spouse's departure was undertaken while parental leave was already open.

For the countries of the European Union, Liechtenstein, Iceland, Norway and Switzerland

In the event that the resigning spouse resumes work in one of these countries, you will be entitled to a local unemployment benefit. The Community social regulation provides for unemployment compensation by the country of residence for people who have lost their jobs in another Member State. The foreign unemployment institution, when opening your rights, will take into account the periods of employment exercised in France and which are indicated on form E 301.


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