Hi, I would like to know if an employee who has taken maternity leave and has been with the organization for a month wants to resign, does she have to pay the notice period salary to the company?

Regards,
Bhavana

From India, Mumbai
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Dear Bhavana,

In that case, please go through the terms and conditions of employment as envisaged in the appointment letter or service rules of the unit applicable to your class of employees.

Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

From India, Delhi
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Ok, that means in case there is a clause in the appointment letter that one has to serve a 3-month notice period or pay 3 months' salary to the company for resignation, will the person (in a situation of maternity leave) have to abide by it.
From India, Mumbai
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Gentlemen,

I need your advice. Staff was granted maternity leave (12 weeks) as per ESI Rule. She claimed, as per the doctor, 2 more months to be taken for rest. Management cannot afford that extension due to the workload. What to do? Since the staff's responsibility is distributed to other employees during her absence, management wants to continue the same and declare the position as redundant. Your advice is appreciated.

Regards,
Usuf

From India, Madras
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