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My wife's maternity leaves just got over last month. And now the company is asking her to come and join the office in person. But since our baby is just 4 months old, she is not in a position to join the office at the moment. She even offered to resign, but then also her company is asking her to serve a notice period which is of 90 days from office. At last, she offered to serve a notice period while working from home but they also denied that request.
They have left her with only 2 options, either go to the office and serve a notice period or else they will not give an employment letter.
Can someone please suggest, if there is anything that we can do here?



It is very common many woman employees are not able to continue after their maternity leave so as to take care of new born baby. On humanitarian grounds employer should not force for notice period or should accept WFH option for notice period. Holding experience /relieving letter is not a professional practice. Make a request to the top most official of the company and get it resolved

From India, Madras
Sir the problem is that it is the co-founder who is forcing her to come to the office. Her manager was okay to let her go but her HR then looped in the co-founder and then he is the one who is not allowing to waive off notice period.


Dear friend,

Every paid employment is basically a contract of service and as such it is governed by the terms of the contract pertaining to every aspect of employment. When there is a difference of opinion in respect of handling a situation which gives rise to a contentious issue because of the question of implementation of a particular condition of the contract of employment, both the employer and the employee have to step into the shoes of the other and understand the relative gravity of their respective difficulties so that the situation does not escalate into a conflict.

Resignation is one of the modes of termination of the contract of employment and governed by the exit clause contained therein. It enjoins a responsibility on the part of the resigning employee to comply with the exit clause to the extent practically possible. That's why notice condition is introduced in the exit clause. At the same time the employer has no discretion in accepting or rejecting a resignation other than the grounds like pending disciplinary proceedings or urgency of completion of an important project in which the resignee is holding an unsubstitutable role. Thus it is the prerogative of an employee to decide whether to serve an employer or not for any reason to the best of his/her own choice.

In the wake of the increase in the duration of maternity leave by virtue of the recent amendments to the Maternity Benefit Act,1961, the practical scenario is indicative of the fact that many women employees fail to rejoin after the expiry of their maternity leave for various reasons. If it is only post-natal care of the new born baby, such request can be accommodated by the employer for some time. Otherwise, resignation is the only option available to the employee in which case the employer has to accept such resignation subject to the compliance of the exit clause by the employee.

However, the options given by the employer as mentioned in your post seems impossible under the situation. I think that the perception of the said Co-founder of the company is more influenced by the negative aspects of the situation. Better seek an audience with him and try to convince him either allowing your wife for some more months of leave on loss of pay or to formally accept her resignation forthwith.

From India, Salem
Hi All,

So Maternity Benefit (Amendment) Act, 2017 also talks about Creche facility which an employer needs to provide if it has more than 50 employees. So when we talked about the same with her company's HR, she said that they do not have any such facility even though they have more than 50 employees. So in that case can we use this point as leverage to ask them to not force us to serve the notice period?

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