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
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf