Navigating Notice Periods: Can My Wife Resign After Maternity Leave Without Penalty?

My wife is working with a private company in Bangalore. She has worked with this company for more than 60 months. We became proud parents in November 2011. After her medical leave, she tried to work for a month but couldn't continue due to health reasons and the baby. After this, she took an additional 1-month personal leave, and then last month she resigned. Now the company is asking her to complete a 3-month notice period or pay 3 months' salary. I want to know, can she be relieved without serving the notice period or paying back 3 months' salary?

It depends on the terms of her employment or as listed in the appointment letter regarding the notice period. Please review these documents and make the necessary decision.

Regards,
Rajeev

Maternity Benefit and Notice Period

Hope she has received Maternity Benefit from the employer. If this assumption is correct, then the employer is also justified.

If the terms of employment state that you need to serve a three-month notice to the company, you are required to adhere to it. Alternatively, if you want to be relieved earlier, there is NOTHING WRONG in adjusting the amount payable for the balance notice period against the dues payable to you.

How can you expect the employer not to deduct the notice period pay? I am asking a question. If the same employer communicates with you (or your wife, for that matter) that you are no longer required in their services (or from a particular date) when you come to the office for signing the muster, how would you react? Would you not expect some notice period to apply for new jobs, collect your offer/appointment letter, so that the exit process would be smoother?

If you agree with this point, then the employer also has the right to expect you to serve the notice period for him to locate a potential candidate to be put on the job, train him, and take over the charge from the outgoing candidate.

The Rubber Ball Analogy

I always believe that when you do good things (irrespective of others doing good to you or not), you will receive good deeds. It is like a "rubber ball" thrown on a wall. (You play this and see for yourself). When you throw a rubber ball on the wall, the speed or pressure with which you throw, with the same speed, it comes back to you. (I have played myself and learned a message from this).

It is up to you to decide to adhere to the company's rules or kick the employer and vanish without any information.

Regards,
Balaji

Notice Period Waiver Considerations

Generally, management does not waive notice periods. Sometimes, they reach an understanding where an employee could be relieved at the expiry of the third month but may ask them to come to work for a while. The best approach is to work for a week, then take leave even if it results in a loss of pay, and then again request leave until she is relieved. This is how they can help. A plain waiver of the notice period is generally avoided.

Regards,
T. Sivasankaran

Employer Rights Regarding Maternity Leave and Notice Period

In this case, if the maternity leave is given by the employer and the employee has utilized it, then the employer has all rights to ask for the notice period or payment in lieu as per the terms of the appointment letter.

Suggestion for Extended Leave

Does your wife want to quit her job? There are companies that allow you to take a year-long break for valid reasons, especially maternity leave. Maybe this option can be explored. However, this will result in a loss of pay.

Otherwise, I agree with what Smitha said.

Regards,
Adit

Maternity Leave and Employment Termination

During maternity leave, no employer can terminate an employee because the act does not permit it. As you mentioned that your wife does not want to continue her job due to health reasons, there is no problem. She can resign from the service without any issue.

Understanding Maternity Leave and Notice Period Obligations

It's illegal. Paid maternity leave is a statutory right. Once availed, it can't be reversed. However, if there is a notice period of 3 months in the appointment letter, either it needs to be served or payment has to be made in lieu of that if the employer is not exempting it.