Hi all,
I am working on the Maternity policy, where I need to include a clause for resignation after maternity. I have 2 clarifications:
1. If the staff resign without medical grounds post-delivery, what is the policy?
2. What if the employee does not join back to duty after maternity leave?
Kindly clarify.
From India, Chennai
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I am working on the Maternity policy, where I need to include a clause for resignation after maternity. I have 2 clarifications:
1. If the staff resign without medical grounds post-delivery, what is the policy?
2. What if the employee does not join back to duty after maternity leave?
Kindly clarify.
From India, Chennai
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In the both the cases, it is upto the employee. Maternity Benefit Act does not stipulate anything about resignation after delivery. Pon
From India, Lucknow
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616From India, Lucknow
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I agree with Pon.
This dilemma is faced by many HR professionals. The reason is that they think Maternity Leave is a benefit extended by the company; a kind of compassion shown by the company. Please correct this view, and immediately the dilemma vanishes.
Maternity Leave is a right of a female employee as provided for in the Act. The Maternity Benefit Act is a wonderful piece of legislation that celebrates motherhood and the dignity of a working mother!
Warm regards,
From India, Delhi
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This dilemma is faced by many HR professionals. The reason is that they think Maternity Leave is a benefit extended by the company; a kind of compassion shown by the company. Please correct this view, and immediately the dilemma vanishes.
Maternity Leave is a right of a female employee as provided for in the Act. The Maternity Benefit Act is a wonderful piece of legislation that celebrates motherhood and the dignity of a working mother!
Warm regards,
From India, Delhi
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Well put, Raj Kumar.
But in a lighter vein, I think the Act itself needs to be renamed from Maternity Benefit Act to Maternity (_____) Act -- to ensure that the unintended meaning isn't conveyed.
Rgds, TS
From India, Hyderabad
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But in a lighter vein, I think the Act itself needs to be renamed from Maternity Benefit Act to Maternity (_____) Act -- to ensure that the unintended meaning isn't conveyed.
Rgds, TS
From India, Hyderabad
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If she has issued her due notice with the resignation, you cannot force the employee to come back and work. You cannot control the human situational impacts of early motherhood; do not try to impose on her more, as she will already have enough to handle.
From India, Bangalore
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From India, Bangalore
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Dear SMR_devi,
I agree with the points presented by the eligible CiteHRians. You need to know that the detriment on the resignation of a female employee after her maternity leave depends on her entirely. You may not need to have any clause on the same.
From India, Visakhapatnam
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I agree with the points presented by the eligible CiteHRians. You need to know that the detriment on the resignation of a female employee after her maternity leave depends on her entirely. You may not need to have any clause on the same.
From India, Visakhapatnam
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Yes, I agree it's a dilemma for an HR person to decide on a resignation after maternity benefits have been provided to the concerned individual. However, according to the Act, this benefit is a right of the working employee and must be given even if there is a possibility that the person may not return to work or resign after utilizing the benefit. An employer cannot refuse to provide this benefit.
Such situations also require very ethical conduct by the employee and a professional approach to submitting a resignation. The individual in question must return from maternity leave and explain the reasons behind their resignation. This process should be handled in the same manner as other resignations.
I am sharing this fully aware of the fact that I am a mother of two kids and have utilized these benefits. As an HR Head, I have to make decisions in an environment where individual employee productivity is constantly measured and has an impact on the organization.
Therefore, I recommend professional and ethical behavior from both the employer and the employee.
Regards,
Parul B Kapoor
From India, Delhi
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Such situations also require very ethical conduct by the employee and a professional approach to submitting a resignation. The individual in question must return from maternity leave and explain the reasons behind their resignation. This process should be handled in the same manner as other resignations.
I am sharing this fully aware of the fact that I am a mother of two kids and have utilized these benefits. As an HR Head, I have to make decisions in an environment where individual employee productivity is constantly measured and has an impact on the organization.
Therefore, I recommend professional and ethical behavior from both the employer and the employee.
Regards,
Parul B Kapoor
From India, Delhi
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Any rule of Maternity benefit Act regarding resignation immediately after availing maternity leave of 26 weeks?? Kindly throw some light on this issue.
From India, Mumbai
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From India, Mumbai
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One of our employees joined us in January 2017. She informed us that she is pregnant and made a commitment to our director that she would not leave the company after maternity. Based on her assurance, we hired her. However, she has now completed her maternity leave and has submitted her resignation. We granted her employment due to her commitment. We are now confused about what to do.
From India, New Delhi
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From India, New Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf