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gunjan_Avi
Hi,
I delivered a baby boy by caesarian operation.
I am on maternity leave of 3 months.I applied for maternity leave extension of 3 months more because my baby is only 2 months n i am not well, but my Hr told me to resign.
My company has 2 months notice period.I have done all handover before going to leave.
If I will resign then notice period will applied for me?

From India, Calcutta
yachna gupta
Dear Mr. R.N.Khola
Why do you even bother to reply to the query, when this is how you have to reply. We can see the offer/appointment letter so pls next time don't reply till you are specifically asked to reply.

From India, Delhi
joanneb
1

I believe Mr Khola has a very valid point in looking at the terms of employment. No sample of the employment contract was provided to determine whether the 2 month notice period is legal. Your hostility isn't required on this website.
My advice would be to check the termination of employment clause in the employment contract and if it does state a 2 month notice period, your resignation should be tendered effective from your last day of Maternity Leave and the 2 months be counted from there. The company should pay you 2 months salary if they do not want / need you to go back to the office after Maternity Leave.

From United Kingdom, London
devabushu
2

Notice period counts from the date of official resignation.
Even though you handed over the entire task before you proceed on maternity leave that is merely to take care of your job responsibilities by someone during your absence for smooth run of the day to day activities handle by you. Since there was no intension or official intimation from your end about the resignation, Hence your HR is checking for the serve of notice period as per the company policy, normally if any shortfall of the notice period needs to be adjusted with recover of pay.
But you can present your case on health and humanitarian grounds and seeks waiver of notice period approval from your Department head and Head HR. Also you can present that your presence in the office during the two months (Notice period) doesn’t contribute to any productivity.
Since there is also any monitory loss to company. You have fair chance to get waiver approvals.

From India, Hyderabad
kumaresank
18

If you find 2 months notice in your appointment letter, then the demand of HR to serve 2 months notice period or pay in lieu of notice period is correct. this would be applicable even if you have completed all your assignments and handed over the company properties.
From India, Tiruchchirappalli
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