Hello I would like to know if I resign before the maternity leave ends will that be taken into consideration as notice period or do I have to wait till maternity leave ends serve or buy notice period?
From India, Bengaluru
Labour Law & Hr Consultant
Insolvency N Gst Professional
Technology Specialist


Dear Ms.Gauthaminair,
Fulfillment of notice condition by a woman employee on resignation is a contractual obligation cast upon her by the terms of the contract of employment. Receiving maternity benefit during her absence from work on account of her pregnancy is a statutory right given to her under the Maternity Benefit Act,1961. They are independent of each other and can not be clubbed together for expediting the process of resignation.
Better resign immediately after rejoining duty on the expiry of maternity leave by buying out the notice period. If the reason for your resignation is something other than a better job, remember that you are also entitled to leave with wages for a maximum period of one month in addition to the permissible absence as per Sec.10 of the MB Act,1961.

From India, Salem

Maternity leave is maternity leave and the absence during this period cannot be treated as notice period.
Maternity leave is a social security enactment for welfare while notice period is an administrative function of the companies.
Proper advice of serving or buying out notice period (if possible) has been rendered above by a learned member.

From India, Pune
Harjinder Kaur
Hi I came to know during maternity leave what will be her salary it will be full or some part of full salary
From India, Lucknow

What is paid by the employer to a woman during her maternity is called as "maternity benefit" as per Sec.6(1) of the MB Act,1961. This should be calculated on the basis of the average daily wages payable to the woman for the days she worked during the period of 3 calendar months immediately preceding the date of her absence on maternity leave.
From India, Salem

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