Procedure of maternity leave for an employee? What if the employee decides to resign from the organization after consuming maternity leave?

Officials, I would like to know the procedure of maternity leave for an employee. I am aware of the organization would provide 6 months of paid leave but I am yet to confirm on few things as mentioned below
- Whole procedure right from the beginning
- When can they apply for the leave?
- What if the employee decides to resign from the organization after consuming maternity leave.
- Whole salary will be paid or only basic needs to be paid?
it would be grateful if anyone of us in our HR community would resolve the above queries
Thank you so much for your response

Dear friend,

You are eligible for maternity benefit under the MBA, 1961, if you have completed 80 days of service in the establishment prior to the expected date of delivery.

Soon after confirmation of your pregnancy, just formally inform your employer the fact with a doctor's certificate.

You can avail the maternity leave either at a single stretch of 26 weeks from the actual date of delivery or in two spells comprising of not more than 8 weeks before the expected date of delivery and remaining 18 weeks from the date of delivery subject to your choice. In either case, you should apply in writing with necessary medical certificate.

You would be paid full salary based on the average of the prior 3 months salary.

You have got one more month of paid leave in addition on the grounds of sickness arising out of delivery on proper medical evidence.

Therefore, it's not ethical on your part to resign straight away after availing maternity leave. If resignation is inevitable due to reasons like post-natal complications or continued illness of the newborn, better you may rejoin and then resign complying with the notice conditions.

Sir

In my organization the employee has availed 6 months maternity leave . Now she wants to resign because there is no one to take care of her child and says that she cannot serve notice period .

we have informed her to pay for the notice period . She says she has no money to pay .

what is the course of action in this case

If she cannot buyout notice period or cannot serve notice period as applicable to her,
it is not wrong to adjust her notice pay while making her full and final settlement or
any other dues payable to her.

Sir

She is covered under ESIC and hence she is eligible for salary under ESIC ACT.

Her ML has ended yesterday and she should have resumed today . We need to pay her salary only from today if she had resumed .

Since payment for maternity leave has been taken care by ESI Corporation and if the employee wants to leave the organisation, the rules as applicable in normal times would apply. She cannot be allowed to go scot-free and it will be a bad precedent.