Navigating Maternity Leave: How to Apply and What Happens if You Resign After?

Officials, I would like to know the procedure for maternity leave for an employee. I am aware that the organization provides 6 months of paid leave, but I need to confirm a few things as mentioned below:

- The whole procedure right from the beginning
- When can they apply for the leave?
- What happens if the employee decides to resign from the organization after consuming maternity leave?
- Will the whole salary be paid, or only the basic needs to be paid?

It would be grateful if anyone in our HR community could resolve the above queries. Thank you so much for your response.

Eligibility for Maternity Benefits

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

Procedure for Availing Maternity Leave

Soon after confirming your pregnancy, simply inform your employer formally with a doctor's certificate. You can avail of maternity leave either as a single stretch of 26 weeks from the actual date of delivery or in two spells comprising not more than 8 weeks before the expected date of delivery and the remaining 18 weeks from the date of delivery, subject to your choice. In either case, you should apply in writing with the necessary medical certificate.

Salary During Maternity Leave

You will be paid your full salary based on the average of the prior 3 months' salary. Additionally, you are entitled to one more month of paid leave on the grounds of sickness arising out of delivery, supported by proper medical evidence.

Resignation After Maternity Leave

It is not ethical on your part to resign immediately after availing maternity leave. If resignation becomes necessary due to reasons such as post-natal complications or continued illness of the newborn, it is advisable for you to rejoin and then resign, ensuring compliance with the notice conditions.

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

Maternity Leave and Resignation

Since payment for maternity leave has been taken care of by the ESI Corporation, if the employee wishes to leave the organization, the rules applicable in normal circumstances would apply. She cannot be allowed to go scot-free, as it would set a bad precedent.