Resignation Before Completion of Maternity Leave

Hello, I would like to know if resigning before the maternity leave ends will be taken into consideration as the notice period, or if I have to wait until the maternity leave ends to serve or buy the notice period.

Dear Ms. Gauthaminair,

Fulfillment of the notice condition by a female employee upon resignation is a contractual obligation imposed upon her by the terms of the employment contract. Receiving maternity benefits during her absence from work due to pregnancy is a statutory right granted to her under the Maternity Benefit Act, 1961. These rights are independent of each other and cannot be combined to expedite the resignation process.

It is advisable to resign immediately upon returning to work after the maternity leave by compensating for the notice period. If your reason for resigning is not related to securing a better job, please note that you are also entitled to paid leave for up to one month in addition to the allowable absence as per Section 10 of the Maternity Benefit Act, 1961.

Maternity leave is maternity leave and the absence during this period cannot be treated as notice period.

Maternity leave is a social security enactment for welfare, while the notice period is an administrative function of companies. Proper advice on serving or buying out the notice period (if possible) has been provided above by a knowledgeable member.

Hi,

I came to know during maternity leave, what will be her salary? Will it be the full amount or just a portion of the full salary?

What is paid by the employer to a woman during her maternity is called "maternity benefit" as per Sec. 6(1) of the MB Act, 1961. This should be calculated on the basis of the average daily wages payable to the woman for the days she worked during the period of 3 calendar months immediately preceding the date of her absence on maternity leave.