Can Maternity Leave Count as Notice Period if an Employee Resigns Midway?

If any female staff employee is on Maternity Leave for a period of 6 months (Nov-Mar) and she submits her resignation in January before completing her Maternity Leave, can the organization consider her Maternity Leave days as part of her Notice Period? Can the organization ask her to pay 3 months' salary, either gross or basic?

In this situation, it is important for the organization to clearly communicate its policies regarding Maternity Leave, Notice Periods, and salary requirements to avoid any misunderstandings or disputes with the employee.

Dear Avinash,

Your query is primarily on whether maternity leave and notice period can be merged. Yes, they can be merged. There is nothing wrong per se because maternity leave is an authorized absence and not unauthorized. Maternity leave and resignation both need to be seen separately, and one does not have a bearing on the other.

Nevertheless, what needs to be considered is whether the woman employee completes the notice period before the expiry of her maternity leave or if both end on the same date. If she was late in giving her resignation and, by chance, her notice period extends beyond the maternity leave, then she is liable to serve that period or pay in lieu of it.

Reason for the Query

Why have you asked this query? Has this incident occurred in your company, or have you raised the query on behalf of the woman on maternity leave?

Salary Payment during Maternity Leave

Your last question is, "Can her organization ask her to pay 3 months' salary either gross or basic?" Probably the question was asked with the belief that by resigning during maternity leave, the organization has incurred a loss and the situation warrants recovering this loss from the woman. This is an utterly false belief. There are numerous ways to save costs, and it remains to be seen whether your organization or that organization has explored those avenues!

Thanks,

Dinesh Divekar

Thank you for the instant reply. This is not a case of my company, but one of the female staff from the Gujarat industry raised doubts to me. She cannot continue her job because of a small kid; however, the company is forcing her to join the duty or asking her to pay Rs. 50K as full and final settlement. She has worked with the said organization for more than 2.5 years in finance. She is fearful that the company might take legal action if she does not pay the 50K before completing her Maternity Leave period.

Regards, Avinash

Dear Avinash,

You have provided additional information, but you have not mentioned the date on which your friend submitted the letter of resignation and the date on which her maternity leave ends. Without confirmation of these dates, further advice cannot be given.

Lastly, please scroll down and post your reply instead of starting a new thread.

Thanks,
Dinesh Divekar

In this case, will the employer have to pay 6 months of maternity leave pay?