Shabana Begum
Business Unit Manager
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Gm (hr)
Asst. General Manager - Hr
+1 Other

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Dear All, Many female employees are resigning soon after maternity leave of 3 months without giving notice period of one month. Can we make a policy to pay them the 2 months maternity leave salary and the rest 1 month's salary only after re joining and serving one month's duty?
Kindly guide me with policies followed in other companies.

This happened in my company recently.
One employee went on maternity leave and after 3months she didnt get right person to look after her kid and extended her leave for another month. and again asked for another month extension. at that period management told her to resign and told her to join when she finds person.
then she decided to resign and in her final settlement management deducted the 3 months salary which was given to her during her maternity leave.
Is this right.....?
Is there any policy mentioning what to do when people resign after maternity leave....

Maternity Leave is Mandatory and it will be a legal point if we deduct the maternity benefit.
please any one help to me wat is the process of Meternity leave 1) How many days pay by company? 2) Wat is process? Please tell me any suggestion as early as posible
  • You can not hold any employee's maternity benefit or put some conditions for payment. It will be against the provisions of law.
  • Secondly in case you implement the policy of payment of Maternity Benefit after serving for one month, then female empoyees will be forced to work till you pay their Maternity Benefit but they will quit immediately after getting the money. There will not be much contribution from these employees who will be only waiting till they are paid M. Benefit. Moreover you will end up paying salary also for that period.
  • It is also very shocking to note that, female members of citehr are suggesting measures which are against female's rights and are aginst the provisions of Law.
Thanks & Regards

you are mixing maternity benefit with resignation.both are seprate issues.
first of all you have to pay maternity benefit of 84 leaves with pay.
secondly if some one resigns with out serving proper notice as per term and condition of appointment than salary in lieu of notice can be deducted from her full and final settlement.

I thank Malik Sir for giving the correct answer, as usual.
It is strange to notice what has been rightly pointed out by vkokamthankar :
  • "It is also very shocking to note that, female members of citehr are suggesting measures which are against female's rights and are aginst the provisions of Law."

Hello Sir/Madam,
Any body can help/Suggest me.
This is Mr. Gopala Krishna, my query on Termination/Resignation after maternity leave after getting maternity benefits up to 90%. My wife was taken maternity leave from 23.12.2017 to 23.06.2018. she was employee of staffing company/placement agency, but was worked for some other company (Client) as a contract employee. she informed both the companies regarding maternity leave. She gives birth to baby boy and she got some amount as maternity benefits from ESIC after 4 months of Delivery. It is very happy news to us that my wife had received benefits. In the meantime, (Client) company recruit somebody as a temporary employee in the place of my wife (Job/Work) for pending work to be completed. At the final stage of my wife’s maternity leave, the (Client)company passes a rule stating that the temporary employee as a permanent employee. So there is no place/job for my wife to be join after completion of her maternity leave. So my wife decided to resign to Job/work and she take care of my Baby boy, but she didn’t resign the job, in the meantime 10 to 12 days back she got her gratuity amount. Then she was realized that she was already terminated from job by staffing company/ placement agency. This was the situation of my wife. She got a call from ESIC, they asked to provide a Form 10 and self-declaration stating that she was ceased to work after the maternity leave/She will join in the job. Already we had provided Form 10(Declaration from employer – employer was aware of leave, any salary given to her at the time of maternity leave from them, etc) to ESIC. My query was there is no place/job to wife at both companies. How would my wife will give such declaration to ESIC (that is Claim for maternity leave and Notice for Work) What should we do? Please suggest better way to solve the problem. My wife was decided that she will not going to the job for 1 more year (because my kid was 6months old, her presence was must, there no place to do her workunder section (88,89,91 1/2)).
Note: My wife received 90% of ESIC maternity benefits, and 10% of ESIC maternity benefits to be received. Please advise me how to close/slove our ESIC account issue with out giving Form(Claim for maternity benefits and Notice of Work(88,89,91 1/2).

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