Is the date that you give notice the same as the date you are resigning from a job?

Question

I am looking to give as much notice as possible to my current job that I have taken a role at a new company. However, my current contract states:

If you resign from your position or you are terminated with cause within 6 months of your return from leave, you will be responsible for repaying any top up received during maternity leave.

I came back to work on January 7th, so my 6 months would be up on June 7th correct? My start date for the new job is June 21st so 2 weeks after I am "allowed" to leave without penalty. I want to give 4-6 weeks notice tho so that my team is set up for success when I leave. Is it possible to give notice in April / May that my last day will be the 7th, or does that count as me resigning prior to the 6 months?

This would be in Canada - specifically Ontario

Answer 1

I suspect that id one give notice in a form of words similar to

I resign effective {date}

then {date} will be the legal date of resignation. But this will depend on how your employment contract, or your employer's policy, treats the resignation date. It may well depend on the law of your country, or sub-national unit (such as a state if in the US). As you have not specified any jurisdiction, no one here can take such laws into account in any answer.

You may need to consult a local lawyer or other expert. A single consultation on such a point might not be very expensive. Or you might want to ask your employer's HR department just how the provision you quote would be applied in your circumstances.

Answer 2

Is the date that you give notice the same as the date you are resigning from a job?

No. The clause refers to the date on which you will/did stop working there.

Giving a notice well in advance is a good faith gesture on the employee's part, and the employer ought not to use that information to the employee's detriment. The employer still benefits from the employee's performance during the time between the date of notice and the employee's actual last day of work.

I came back to work on January 7th, so my 6 months would be up on June 7th correct?

No, it would be July 7th.