Hi Everyone, I have certain doubts about my resignation. I have dropped my resignation during the end of 4 th month maternity leave on 29nov 2021 due to my personal situation. I received my relieving date on 28 Feb 2022. My employer is not allowing me to relieve stating I cannot serve notice period during ml and I have to drop my resignation once my ml completes and serve three months notice period.

Doubts arose:

1. Whether we can drop separation during Maternity leave.
2. Any alternative solution for this to get me relieved at the earliest.
3. As a maternity employee, I already provided knowledge transfer to the person who got replaced instead of me.

Please help me out how to come out from this as I am undergoing mental depression along with my postpartum depression.

From India, Chennai
Labour Law & Hr Consultant
+1 Other

Resignation and Maternity benefit i.e Maternity Leave are two different and distinct aspects of employment, the former being covered by the terms of voluntary separation under the contract of employment and the latter under the concerned law. Therefore, ordinarily it is better not to combine them.

The poster can resign on her rejoining after the expiry of her maternity leave by observing the notice conditions.

If it is so urgent and inevitable, she should be prepared to buy out the entire notice period. Her request, if any, to adjust the remaining leave period against the notice period may not be workable, if the employer refuses the same. Effectively it makes no difference. Apart from not ethical on the part of the employee, such an act would set a bad precedent. When the employee is already on maternity leave, the necessity for Resignation with immediate effect does not arise except any peculiar reason like suddenly migrating to some other country. Still if the poster clings to her stand she has no option other than the one first stated.

From India, Salem

When we expect fairness from the employer, we too should demonstrate our end as well. As Umakanthan sir has suggested must buy the notice period or surrender earned leave. You can't have your cake and eat it too
From India, Karwar
When Employee has enjoyed the maternity benefits and due to health reasons she cannot continue the job or join after the maternity period then definitely the employer to consider on health grounds with a doctor's certificate with a notice period waiver. In case if the employee decides to leave without completing the formalities of the notice period then she needs to forego the maternity benefits as she cannot enjoy the benefits of Maternity provided by the company when she decided to quit the company and pay for the notice period.

Ethically this is not correct to resign while in maternity until there is a need on health grounds.

From India, Hyderabad
The Maternity Benefit is a welfare oriented. Ethically, putting paper during this benefit period is not correct. By any stretch of imagination, there was no any warrant situation from the employee side to separate from the organisation, except migrant from one country to other under deterrent situation.

As a fair principle employer, had accepted the resignation and complied notice period as a part of the contractual employment.

The employee have two options.

1. Buy out notice period
2. Surrender earned leave or negotiate for early relieving stating the actual situation and express willingness to buy out short notice period.

The employer also will have no problem as the knowledge transfer already done. Both will be in Win - Win situation.

From India, Hyderabad

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