Employee proceeding on Maternity leave and resigning while still on leave - What will be our liability for now? - CiteHR
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Dear Sir/ Madam, This is in regards to employee proceeding on Maternity leave and resigning while still on leave. One of our Employees, proceeded on Maternity leave from 1st Oct 2018, we have paid the said employee full salary while on leave for months of Oct 2018 / Nov 2018.
Effective 21st Jan 2019, the employee who is at Managerial role, has put in the resignation with immediate effect. What will be our liability for now.
Our appointment letter clause is like this and i
quote "6. Maternity Leave: Maternity leave will be granted to female employees in accordance with Maternity Benefits Act. Maternity leave will be granted only if staff has the intention to return to work, at the end of such leave." unquote
The employee has privilege leave which was {-15} till 31st Aug 2018. An we have notice period of 1 month.

Dear friend,
Statutory maternity benefit to a woman (employee) is in the form of authorised absence with salary/wages calculated on average basis of her earnings during the immediately preceding 3 months for a period of 26 weeks. The only condition for the grant of this benefit is her completion of 80 days of service in the establishment during the 12 months immediately preceding her expected date of delivery as certified by a registered medical practitioner. No other conditions can be added by the employer according to his choice.
Resignation is the unilateral termination of the contract of employment by the employee at will and is simply governed by the conditions of notice only. Therefore, grant of maternity benefit by the employer or its enjoyment by the employee can not be a condition for acceptance of resignation.
From the particulars given in the post her maternity leave continues till some time in April,2019. As such she can avail the entire leave and then resign but has chosen to resign in the middle. It implies that she has got her own compelling reasons to do so.
Therefore, you can adjust the notice period in the leave and accept her resignation.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™