Hello,
I am a teacher and currently I am on my Maternity Leave. My daughter was born on 8th Dec 2021 and I was supposed to resume my work on June 8 2022. I am currently not paid my maternity pay and according to me school I will be paid my maternity pay in March 2023 as per their school contract. Recently during my maternity leave I have received a good job offer with 7th pay commission from another school So I have put my resignation through email to my principal on 28th Feb requesting her to relive me from the service considering my last three months of maternity leave as my notice period and as I will not be available during the notice period so considering my absence deduct my last three months of maternity pay in lieu of my absence.
According to my school contract, it's clearly stated that "After confirmation, the services of the employee are liable to be terminated upon three months of written notice on either side or payment in lieu thereof. No salary will be paid for leave taken during the notice period." "If the employee desires to resign from the school during the service period then he/she shall be entitled to resign at the end of the academic year or if 3 working months advance notice of intention to resign is given to the school, whichever occurs later."
But my Principal is insisting to serve three months of working notice period after my Maternity Leave which means I wont be able to join the new job profile. I am also asked to pay Rs 30,000 as a training fees conducted in the year 2019 because we signed a contract stating that if I resign prior to May2022 that I will have to refund the money for the training but the company agreement signed during my joining says that "The employee shall also commit to staying with the school for a minimum of one year after completing sponsored training with the school. In the event that the employee leaves the school before the completion of the year, she shall be responsible for refunding the training fees to the school.
Kindly guide me
1.What options do I have to be relieved from the services?
2. Do I have to pay this training fees, if yes then can I ask the school of deduct it from my full and final settlement of gratuity and first three months of maternity pay?
3. Can they deny giving my reliving letter?
4. Can my last three months of maternity leave be considered as my notice period without pay?
5.Can they deny giving my maternity pay if I don't rejoin?
Please help.
From India, Delhi
I am a teacher and currently I am on my Maternity Leave. My daughter was born on 8th Dec 2021 and I was supposed to resume my work on June 8 2022. I am currently not paid my maternity pay and according to me school I will be paid my maternity pay in March 2023 as per their school contract. Recently during my maternity leave I have received a good job offer with 7th pay commission from another school So I have put my resignation through email to my principal on 28th Feb requesting her to relive me from the service considering my last three months of maternity leave as my notice period and as I will not be available during the notice period so considering my absence deduct my last three months of maternity pay in lieu of my absence.
According to my school contract, it's clearly stated that "After confirmation, the services of the employee are liable to be terminated upon three months of written notice on either side or payment in lieu thereof. No salary will be paid for leave taken during the notice period." "If the employee desires to resign from the school during the service period then he/she shall be entitled to resign at the end of the academic year or if 3 working months advance notice of intention to resign is given to the school, whichever occurs later."
But my Principal is insisting to serve three months of working notice period after my Maternity Leave which means I wont be able to join the new job profile. I am also asked to pay Rs 30,000 as a training fees conducted in the year 2019 because we signed a contract stating that if I resign prior to May2022 that I will have to refund the money for the training but the company agreement signed during my joining says that "The employee shall also commit to staying with the school for a minimum of one year after completing sponsored training with the school. In the event that the employee leaves the school before the completion of the year, she shall be responsible for refunding the training fees to the school.
Kindly guide me
1.What options do I have to be relieved from the services?
2. Do I have to pay this training fees, if yes then can I ask the school of deduct it from my full and final settlement of gratuity and first three months of maternity pay?
3. Can they deny giving my reliving letter?
4. Can my last three months of maternity leave be considered as my notice period without pay?
5.Can they deny giving my maternity pay if I don't rejoin?
Please help.
From India, Delhi
You have raised a complicated point.
Out of the lot, I can definitely answer one point :
5.Can they deny giving my maternity pay if I don't rejoin?
No they can not deny the payment. In fact, the payment should have been made each month and not at the end of the maternity period. This act is wrong and the school may face penalty for the same.
The rest is concerning notice period. There is no clear law, so you need the advice of a labour lawyer who can give the reply after considering all aspects. Or you may be able to take the help and advice of the labour commissioner. Many of them are helpful to employees but not all, so I am not sure of that.
If you are getting relieved, don't bother with the Training fees. Pay it even if you feel it is not due back to them, because it may help you solve the other problems.
They can deny you the relieving letter if they feel you did not complete notice period. Most companies will deny adjustment of notice period against leave. But it depends mostly on whether there is something they need you to finish. Considering that they would need to pay you even though you were not in the school, they should actually be happy. But then each organisation has different approach, so I am guessing.
The school can not adjust your dues to the company against Gratuity. That is illegal. So you will have to pay it separately before they do your F&F.
As for the training cost. The agreement signed by you in 2019 of not leaving till may 2022 would override the joining letter terms. So I think you need to pay that to them.
As I said, in view of the complex circumstances, this needs to be reviewed by a lawyer or a consultant who has the ability to review everything including data and information we don't have with us, the full details of your terms, agreement you signed, etc.
1.What options do I have to be relieved from the services?
2. Do I have to pay this training fees, if yes then can I ask the school of deduct it from my full and final settlement of gratuity and first three months of maternity pay?
3. Can they deny giving my reliving letter?
4. Can my last three months of maternity leave be considered as my notice period without pay?
Please help.
From India, Mumbai
2392Out of the lot, I can definitely answer one point :
5.Can they deny giving my maternity pay if I don't rejoin?
No they can not deny the payment. In fact, the payment should have been made each month and not at the end of the maternity period. This act is wrong and the school may face penalty for the same.
The rest is concerning notice period. There is no clear law, so you need the advice of a labour lawyer who can give the reply after considering all aspects. Or you may be able to take the help and advice of the labour commissioner. Many of them are helpful to employees but not all, so I am not sure of that.
If you are getting relieved, don't bother with the Training fees. Pay it even if you feel it is not due back to them, because it may help you solve the other problems.
They can deny you the relieving letter if they feel you did not complete notice period. Most companies will deny adjustment of notice period against leave. But it depends mostly on whether there is something they need you to finish. Considering that they would need to pay you even though you were not in the school, they should actually be happy. But then each organisation has different approach, so I am guessing.
The school can not adjust your dues to the company against Gratuity. That is illegal. So you will have to pay it separately before they do your F&F.
As for the training cost. The agreement signed by you in 2019 of not leaving till may 2022 would override the joining letter terms. So I think you need to pay that to them.
As I said, in view of the complex circumstances, this needs to be reviewed by a lawyer or a consultant who has the ability to review everything including data and information we don't have with us, the full details of your terms, agreement you signed, etc.
1.What options do I have to be relieved from the services?
2. Do I have to pay this training fees, if yes then can I ask the school of deduct it from my full and final settlement of gratuity and first three months of maternity pay?
3. Can they deny giving my reliving letter?
4. Can my last three months of maternity leave be considered as my notice period without pay?
Please help.
From India, Mumbai
Dear Madam,
As a responsible employee as well as a law-abiding person, one should have a thorough understanding of his/her employment rules and the utmost caution to take any important employment decision commensurable with such rules in force.
You are well aware about your maternity leave of 26 weeks commencing probably from 08-012-2021 and it seems that you want to avail the leave till its expiration date. Then how can you join the new job in the mean time?
That apart, when there is a specific rule prohibiting resignation in the middle of the academic year and even a resignation with due notice has been explicitly linked to the end of the academic year with a " Whichever Later" clause, how can you submit a resignation now before the close of the current academic year? As your date of rejoining after 26 weeks maternity leave falls on some day in June,2022, it is clear as per the above exit clause that your resignation can be effective only after the end of the academic year 2022-2023. You ought to have considered all these things before accepting the new offer and submitting your resignation. Therefore, your school management, as employer, has every right to turn down your resignation, insist on your rejoining after expiry of the statutory maternity leave and in case of failure on your part, initiate appropriate disciplinary action to the extent that can affect your future employment of any sort.
To my knowledge, there is no statutory rules on notice of resignation and it is a subject-matter covered by the contract of employment only.
As per section 6(5) of the Maternity Benefit Act,1961, the wages/salary for the period of absence on account of maternity shall be paid in advance.
Regarding your post-training commitments, you have to honor the agreement only.
From India, Salem
As a responsible employee as well as a law-abiding person, one should have a thorough understanding of his/her employment rules and the utmost caution to take any important employment decision commensurable with such rules in force.
You are well aware about your maternity leave of 26 weeks commencing probably from 08-012-2021 and it seems that you want to avail the leave till its expiration date. Then how can you join the new job in the mean time?
That apart, when there is a specific rule prohibiting resignation in the middle of the academic year and even a resignation with due notice has been explicitly linked to the end of the academic year with a " Whichever Later" clause, how can you submit a resignation now before the close of the current academic year? As your date of rejoining after 26 weeks maternity leave falls on some day in June,2022, it is clear as per the above exit clause that your resignation can be effective only after the end of the academic year 2022-2023. You ought to have considered all these things before accepting the new offer and submitting your resignation. Therefore, your school management, as employer, has every right to turn down your resignation, insist on your rejoining after expiry of the statutory maternity leave and in case of failure on your part, initiate appropriate disciplinary action to the extent that can affect your future employment of any sort.
To my knowledge, there is no statutory rules on notice of resignation and it is a subject-matter covered by the contract of employment only.
As per section 6(5) of the Maternity Benefit Act,1961, the wages/salary for the period of absence on account of maternity shall be paid in advance.
Regarding your post-training commitments, you have to honor the agreement only.
From India, Salem
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Maternity Leave Policy - posting.doc
Election leave Notice.pdf