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A difficult situation arises when an employee resigns before the official completion of their maternity leave. Such cases require careful handling, as they involve not only the standard termination procedures but also considerations related to social security contributions, paid annual leave, and statutory benefits for working mothers.
Understanding the proper documentation and sequence of actions is essential to ensure compliance with Bulgarian labor legislation and to avoid disputes.
Initial Communication
- The employee submits a formal resignation letter to the employer.
- The letter should clearly indicate the intended last working day and comply with the statutory notice period.
- The employer is expected to acknowledge its receipt with a written response, confirming or rejecting the resignation. If no response is provided, the proposal is considered not accepted.
Management of Compensations Related to Maternity Leave
- Employees returning to work before the end of maternity leave may be entitled to compensation for the unused period, provided certain conditions are met.
- To access these benefits, specific applications and forms must be submitted to the National Social Security Institute.
- These documents serve two key purposes:
- To notify the authorities of the change in circumstances, such as the employee's return to work.
- To request the corresponding statutory benefit.
Annual Paid Leave
- Accrued annual paid leave can be planned and documented through official applications and employer-issued orders.
- These documents ensure the employee receives their due leave entitlement.
- They also help formalize the timeline of the termination process, aligning it with the notice period and reducing the financial compensation the employer must provide upon termination.
Final Termination Order
- The employer issues an official termination order, formally ending the employment relationship in accordance with Bulgarian labor law.
- Additionally, the employer is required to notify the NSSI of the change in circumstances.
Terminating employment in Bulgaria before the end of maternity leave requires a structured approach that combines legal compliance with careful management of employee rights and entitlements. Clear communication between the employee and employer, together with the timely submission of the relevant forms to the NSSI, ensures that both parties fulfill their obligations and that the employee receives all due compensations. Following these steps provides transparency and safeguards the interests of everyone involved. This approach not only maintains compliance with the law but also promotes a professional and respectful separation, which is particularly important in sensitive cases involving maternity leave.
How Eurofast Can Help
Navigating employment termination during maternity leave requires both legal precision and empathy. Eurofast's HR and payroll experts in Bulgaria provide hands-on support to ensure every step complies with the Labor Code and social security regulations.
Our team assists employers and employees by:
- Preparing and reviewing termination and resignation documentation in line with legal requirements.
- Managing the communication and submissions to the National Social Security Institute (NSSI).
- Calculating and processing due compensations, including paid leave and statutory benefits.
- Advising on compliance risks and best practices to avoid future disputes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
