Hi, I am on maternity leave and dropped my separation at end of 4th month of maternity leave (28feb2021). my maternity ends on 30jan2021. I got an offer from another organization, due to my personal situation, I have to move out to another organization. But my employer is saying to me that my separation won't be considered as I am not serving the notice period. I have to resume office work, resign and serve a notice period of three months. My relieving date shows as 28 Feb so I provided my joining date as 1 Mar in another organization. Please let me know how I can handle this situation.

1. Whether I can drop my resignation twice. post my maternity leave again
2. My employer has not provided me a way to go though I have said the truth of having an offer in hand.
3. How can I convey this to my new employer. Will they extend my joining date to more than two months?

Please help me as I have been personally affected due to some financial situation.

From India, Chennai

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In response to your queries, this is for your consideration
1. There is no legal requirement for resubmitting your resignation on rejoining duty after maternity leave as there is no specific bar for an employee to submit resignation while being on maternity leave. In deed the provision is otherwise, the employer is forbidden from dismissal or discharge on account of the woman employee being on maternity leave.
2. The employer has own compulsions and conveniences in reacting in the manner it has chosen. The insistence on resubmission of resignation after resuming duty is clearly not warranted.
3. Before you take any precipitative action, first confirm from the new employer their readiness to wait for further two months. Alternatively you can offer the existing employer to buy out the remaining notice period after 28th Feb'22.

From India, Mumbai

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