When an Employee Resigns After ESI Leave: Which Date Counts as the Resignation Date?

Dear All,

Good afternoon! Please advise: an employee's last working month was April 2019. On May 1st, 2019, the employee applied for ESI leave for 3 months. After the ESI leave, the employee decided to resign. So, what is the date of resignation - April 30, 2019, or July 31, 2019?

Thank you.

What's the kind of "ESI" leave for 3 months at a stretch, isn't it Maternity Leave or any other sickness? Who pays the leave pay, ESIC? How about the "Notice Period"? How are you going to deal with this Notice period not served?

Please let me know if you need further clarification or assistance.

As Mr. Kumar mentioned, if the leave is authorized by ESIC and paid by ESIC, then the date of resignation will be 31st July. However, you have to ensure that the Notice Period is served or Notice Pay is recovered as per the employment terms.

When the employee has been paid until July 31st, 2019, their last working date will be July 31, 2019.

Ensure there is a single line break between paragraphs.

Please advise, an employee's last working day was March 31, 2019. After taking maternity leave for 6 months, the employee took an additional 4 months of leave. Subsequently, the employee submitted their resignation on June 30, 2020. What will be the last day to be shown on the ESI portal?

Please advise, an employee's last working day was March 31, 2019, and they took maternity leave for 6 months. After maternity leave, the employee took additional leave for 8 months and later resigned on June 30, 2020. What will be the last day to be shown on the ESI portal?

Confirmation of Employment Details

Please confirm the following:

1) The employee last attended work on March 31, 2019.

2) The Maternity Leave expired on September 30, 2019.

3) She has extended leave for 4 months. Was it on medical grounds or was it Leave Without Pay (LWP)? Please advise.

4) The extended leave expired tentatively on January 31, 2020.

5) She resigned on June 30, 2020. During the leave expiry and resignation, there is a gap of 5 months.

6) When was the last ESI paid for the said employee? Was it September 2019, or January 2020?

By answering these questions, I hope your query will be resolved automatically. In essence, she has not joined any other company until June 30, 2020; hence, you can mark the said date as her last day in the ESI portal.

The last ESI contribution period was in March 2019. After that, the employee went on maternity leave for 6 months and took a long leave until June 30, 2020.

My dear friend, after March 31, 2019, you were showing the employee on ESI Leave, isn't it? You must file the half-yearly return for Apr - Sept 2019 as well as Oct 2019 - Mar 2020. This implies that you have already shown her as an employee until then. Now, since she has officially tendered her resignation on June 30, 2020, you should put that date as her last day of work, to the best of my understanding.