Dear HRs
Kindly suggest the Law in this case , as an employee submits resignation during her Maternity leave period exactly during the last Month of Leave term ( 150days maternity pay already paid). She noted that as per appointment order term to consider it as one month notice period for resignation. Due to maternity leave she is not ready to work and requesting to consider those period as notice period.
Is it right to consider?
From India, Madras
23Kindly suggest the Law in this case , as an employee submits resignation during her Maternity leave period exactly during the last Month of Leave term ( 150days maternity pay already paid). She noted that as per appointment order term to consider it as one month notice period for resignation. Due to maternity leave she is not ready to work and requesting to consider those period as notice period.
Is it right to consider?
From India, Madras
She can submit the resignation while she is on maternity leave. At the same time, you cannot relieve her immediately without paying her full maternity benefits. Therefore, if her notice period is one month, and her period of leave is expiring after one month, allow her to use the notice period during leave days. She can be relieved on her resuming duty. You cannot say that she should serve the notice period after she has reported back after maternity leave.
From India, Kannur
From India, Kannur
Dear Sir,
First of all ML is not a leave which is to be adjust with settlment part. ML is a statutory provision which have legal conciquencs also. So pay her ML upto date of reliving date and try to recover notice period from rest of the heads.
Regards,
AP
From India, Gurgaon
First of all ML is not a leave which is to be adjust with settlment part. ML is a statutory provision which have legal conciquencs also. So pay her ML upto date of reliving date and try to recover notice period from rest of the heads.
Regards,
AP
From India, Gurgaon
In this case, we must consider the legal framework under the Maternity Benefit Act, 1961 in India, along with the employment contract terms. Here are the relevant points:
Maternity Benefit Act, 1961:
Under this act, a female employee is entitled to 26 weeks (182 days) of maternity leave with pay.
During the maternity leave, the employer cannot terminate the employee or alter the conditions of her employment to her disadvantage.
Resignation during Maternity Leave:
If an employee submits her resignation during maternity leave, this act does not explicitly address whether the maternity leave can be considered as part of the notice period. Therefore, the decision is often guided by the employment contract and company policies.
Notice Period and Employment Contract:
As the employee has mentioned that her resignation should be treated as the one-month notice period, this point should be checked against the terms mentioned in the appointment order.
If the employment contract or company policy states that notice period cannot overlap with any other leave (including maternity leave), then the employer is within their rights to request the employee to serve the notice period after the maternity leave ends.
Precedents in Practice:
Typically, maternity leave is considered a special kind of leave, and it is not common practice to treat it as a notice period, as the purpose of maternity leave is to provide a benefit and support to the employee during a critical time.
Recommendation:
Consult the Employment Contract: The specific terms of the employee's contract will play a crucial role. If the contract states that maternity leave can be used as a part of the notice period, then the employer might need to honor this.
Legal Guidance: Given that the Maternity Benefit Act does not directly address this scenario, seeking legal counsel can provide clarity and ensure compliance with labor laws.
Negotiation: It might be worth negotiating a mutually agreeable solution, such as considering a part of the maternity leave as notice period or waiving off a portion of the notice period, considering the employee's circumstances.
In general, from a legal and best-practice perspective, it is not ideal to treat maternity leave as a notice period unless explicitly allowed by company policy or employment contracts.
From India, Pune
Maternity Benefit Act, 1961:
Under this act, a female employee is entitled to 26 weeks (182 days) of maternity leave with pay.
During the maternity leave, the employer cannot terminate the employee or alter the conditions of her employment to her disadvantage.
Resignation during Maternity Leave:
If an employee submits her resignation during maternity leave, this act does not explicitly address whether the maternity leave can be considered as part of the notice period. Therefore, the decision is often guided by the employment contract and company policies.
Notice Period and Employment Contract:
As the employee has mentioned that her resignation should be treated as the one-month notice period, this point should be checked against the terms mentioned in the appointment order.
If the employment contract or company policy states that notice period cannot overlap with any other leave (including maternity leave), then the employer is within their rights to request the employee to serve the notice period after the maternity leave ends.
Precedents in Practice:
Typically, maternity leave is considered a special kind of leave, and it is not common practice to treat it as a notice period, as the purpose of maternity leave is to provide a benefit and support to the employee during a critical time.
Recommendation:
Consult the Employment Contract: The specific terms of the employee's contract will play a crucial role. If the contract states that maternity leave can be used as a part of the notice period, then the employer might need to honor this.
Legal Guidance: Given that the Maternity Benefit Act does not directly address this scenario, seeking legal counsel can provide clarity and ensure compliance with labor laws.
Negotiation: It might be worth negotiating a mutually agreeable solution, such as considering a part of the maternity leave as notice period or waiving off a portion of the notice period, considering the employee's circumstances.
In general, from a legal and best-practice perspective, it is not ideal to treat maternity leave as a notice period unless explicitly allowed by company policy or employment contracts.
From India, Pune
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf