Navigating Maternity Leave: Can I Resign After My Leave Ends Without Legal Issues?

melrosa
I am working with a private ltd. company. I am expecting and due in mid-October 2013. We do not have any maternity policy mentioned in our HR policy. When I enquired at our HO in Ahmedabad, they informed me that I can avail of a continuous 84 days of leave benefit (6 weeks paid leave at basic pay before the delivery of the child and 6 weeks after the delivery). They also mentioned that I would need to continue my services in the company after 84 days of maternity leave.

This company doesn't offer any benefits, the salary always comes in late (at the end of the next month), and it is a 6-day working week. Additionally, it is quite far for me to travel, and after delivery, I would find it very difficult. I was wondering if I could take my maternity benefit and then put in my resignation since I have worked here for about a year now. I had the following queries:

1) Would it be unlawful for me to put in my resignation after my maternity leave period?
2) Or would it be better to put in my resignation a month before my leave ends?

Regards.
abedeen7
Maternity Leave and Resignation

This will be governed by the Maternity Benefit Act of 1961. You may extend your leave if required.
kprasoon
If you submit your resignation after availing of maternity leave, it would not be unlawful. However, ethically, if you believe that resigning after receiving maternity benefits (including cash benefits) is appropriate, then you should proceed with your resignation.
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