I am a senior resident doctor in a government hospital, working on a yearly contract basis. I shall not be able to join back after maternity leave as I have no place to leave my baby. I received 6 months of maternity leave. If I resign, will I have to return 6 months of maternity pay or only one month in lieu of a notice period? Thanks
From India, Mumbai
Acknowledge(0)
Amend(0)
1From India, Mumbai
Acknowledge(0)Amend(0)
Paying back maternity benefit will amount to forfeiture of those benefits. It is property that has been earned by you and cannot be forfeited except in accordance with the law.
Forfeiture of maternity benefit can only be done under section 18 of the Maternity Benefit Act when a woman works during the period she has obtained authorized absence for maternity benefit. The notice period or payment of wages in lieu thereof, and maternity benefit, are different criteria. Therefore, you may have to pay one month's wages in lieu of the notice period only.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Forfeiture of maternity benefit can only be done under section 18 of the Maternity Benefit Act when a woman works during the period she has obtained authorized absence for maternity benefit. The notice period or payment of wages in lieu thereof, and maternity benefit, are different criteria. Therefore, you may have to pay one month's wages in lieu of the notice period only.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
After completion of your Maternity Leave, report on duty and explain your situation to them. In government sectors crèche facility are available, if nothing works out then you can resign by paying one month notice period as per your termination clause. As mentioned by Mr. Sushil Maternity Benefit is nothing co related with your resignation and the Maternity Benefits cannot be forfeited or denied.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
She need not report for duty even as she can submit an application in advance if she feels like, requesting to be paid the notice period pay on completion of her maternity leave. It takes time in the government to process this application.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.