Harsh Kumar Mehta
Consultant In Labour Laws/hr
Head - Human Resources
Hr Officer

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employee takes maternity benefit of 84 days and sends her resignation on 85th day (she has not rejoined ) but expects the employer to pay one more month salary . is it mandatory for employer to pay her one month post maternity benefits if the employee has not rejoined.
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1. Dear member, please confirm whether the woman employee is covered under the Maternity Benefit Act, 1961 or under ESI Act, 1948.
2. What do you mean by words "pay one more month salary" ? Whether the said woman employee is claiming maternity benefit for additional period of 30 days due to or on account of illness due to such maternity ? Whether the said woman employee has obtained and produced medical certificate for such additional period of one month" ?
As per the act u are liable to pay and also deduct one month notice in fnf as per the company policy.
Hi Reachhema,
12 Weeks of Maternity Leave is what you are liable to pay. 1 month of extended leave shall be given if she submits a medical record stating that she may need somemore time to recover. The extended leave will be LOP. If she resigns right after the Maternity period, then I believe she has a notice to serve, considering that to be 1 month, ask her to serve the notice/pay one month salary or she will not get any employment documents. Inform her that this would be treated as an absconding case.
In my own knowledge regarding her resignation, she should have atleast 30 days of turn over before she will get the separation pay she demanded. If she signed a contract stating that if she will not finish her contract and decided to resign she will be liable for it.
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