Dy. Manager - HR
Dear Seniors, Please suggest me. One of our employee has taken 2 months wages during maternity leave (approx. Rs.30,000/- per month) and given resignation after that. Please guide what to do.


Recruitment/Talent Acquisition, Career counselling & Startup Advisory Services
Hello Srinivas,
Maternity Leave is 3 months....hasn't she taken the complete leave salary?
Has she resigned AFTER rejoining?
And what reason(s) has she given?
What level is she working?

From India, Hyderabad

Partner - Risk Management
You can not do anything about that actually. Since she is pregnant, and worked more than 80 days, then she is entitled to payment for maternity leave.
From India, Mumbai

Insolvency n GST Professional
Law on Maternity Benefits is a social welfare legislation and what is important is that it no where lays down any stipulation that after maternity leave/benefit payments,employee has to serve----- months/years.
We have many firms which try to terminate employees when they become pregnant to avoid this welfare payment,therefore this law protects lady employees from any kind of short cut oriented to avoid payment of MB.

From India, Pune
Don't you have a agreement in joining letter that she cannot resign while on any kind of leave / away from work?
Do you have any notice period applicable after resignation? Doesn't it also state that notice period does not comprise the leave period?
Maternity is not considered as sickness, so she cannot put forth resignation on medical grounds. In that case, she has to rejoin & then resign & serve for notice period as stated in the agreement. If she does not, then you are liable to ask the money back (only in lieu of applicable notice period) & relieve her with immediate effect.
Best Regards,
Amod Bobade.

Dear TS,
I think she is taking the complete leave salary, as 2 months are already over & she is still an employee.
By the time the resignation is accepted, third month salary would also be applicable. This will make the third month salary a dispute & she may demand it upto the relieving date based on their notice period after resignation.... :-)
Best Regards,
Amod Bobade.

Ashutosh Thakre

HR Professional
There is technically not much you can do, as she will support the certificates from the doctors, that she needs rest and should not travel for long distances due to the surgery done while having the baby, So she will have a medical reason for you to releive her immediately.
Also as you would have appointed an tempepory person to work on her behalf, so handover question also does not arise. She has still one month of leave with pay for maternity and thereafter one month leave without pay, which she can anyways avail as per the MB Act.
So just accept the resignation and releive her as an expection case.
Ashutosh Thakre

From India, Mumbai
Dear Sir/Madam,
I want to send a mail/letter to one of our female employee for not joining after taking maternity leave. We want to give the notice to join in 2/3 days or as early as possible.

From India
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