Resignation After Maternity - Maternity Leave

Hi All ,
I am working on the Maternity policy , there i need to include a clause for resignation after maternity.
I have 2 clarifications
1. If the staff resign with out medical ground post delivery what is the policy?
2. What if the employee does not join back to duty after maternity leave.?
Kindly clarify.

In the both the cases, it is upto the employee. Maternity Benefit Act does not stipulate anything about resignation after delivery.
Pon

I agree with Pon.
This dilemma is faced by many HRs. The reason is that they think Maternity Leave is a BENEFIT extended by the company; a kind of COMPASSION shown by the Company.
Please correct this view; and immediately the dilemma vanishes.
Maternity Leave is A RIGHT OF A FEMALE EMPLOYEE as provided for in the Act. Maternity Benefit Act is a wonderful piece of legislation that celebrates motherhood and the dignity of a working mother !!!!
Warm regards,

Well put Raj Kumar.
But in a lighter vein, I think the Act itself needs to be renamed from Maternity Benefit Act to Maternity (_____) Act--to ensure that the unintended meaning isn't conveyed.
Rgds,
TS

If she has issued her due notice with the resignation, you can not force the employee to come back and work....... you can not control the human situational impacts of a early motherhood, do not try to impose on her more, she will have enough already.............

Dear SMR_devi,
I agree with the points presented by the eligible CiteHRians. You need to know, detriment on resignation of a female employee after her maternity leave depends on her in toto. You may not need to have any clause on the same.

yes I agree its a dilemma for an HR Person to take a call on a resignation after maternity benefit is provided to the concerned. But as per the Act this benefit is a right of the working employee and needs to be given despite knowing fully well the person maynot join back or resign after availing the benefit. An employer cannot deny this .

Such situations also calls for a very ethical conduct by an employee and a professional way of putting resignation . The concerned person needs to join back from the maternity leave and must cite the reasons behind resignation. It should be treated the same way the other resignations are treated.

I am sharing it fully aware of the fact that i am a mother of 2 kids and have availed these benfits and being an HR Head, I have to take calls in an environment where per person/ employee productivity is always measured and carries an organizational impact.

Thus would recommend professional and ethical conduct by both the employer and the employee.

Regards

Parul B Kapoor

Any rule of Maternity benefit Act regarding resignation immediately after availing maternity leave of 26 weeks??
Kindly throw some light on this issue.

one of our employees joined us january 2017, she told us, she is pragnant, she comitted to our director that she will not left our company after maternity, so we hired her. but now she completed her maternity leave. and she submitted her resign. we give her employment due to her commitment.
we confused what can i do.