Can I Resign During Maternity Leave? Seeking Advice on Employer's Refusal to Relieve Me

Resignation During Maternity Leave

I have certain doubts about my resignation. I submitted my resignation at the end of the 4th month of maternity leave on 29th Nov 2021 due to personal reasons. I received my relieving date as 28th Feb 2022. However, my employer is not allowing me to be relieved, stating that I cannot serve the notice period during maternity leave and that I must resign once my maternity leave is over and serve a three-month notice period.

Doubts and Concerns

1. Whether we can submit resignation during maternity leave.
2. Any alternative solutions to help me get relieved at the earliest.
3. As a maternity employee, I have already provided knowledge transfer to the person who replaced me.

Please help me figure out how to navigate this situation as I am currently experiencing mental and postpartum depression.

Resignation and Maternity Benefit

Resignation and maternity benefit, i.e., maternity leave, are two different and distinct aspects of employment. The former is covered by the terms of voluntary separation under the contract of employment, and the latter under the concerned law. Therefore, ordinarily, it is better not to combine them.

The poster can resign upon her rejoining after the expiry of her maternity leave by observing the notice conditions. If it is urgent and inevitable, she should be prepared to buy out the entire notice period. Her request, if any, to adjust the remaining leave period against the notice period may not be workable if the employer refuses the same. Effectively, it makes no difference. Apart from being unethical on the part of the employee, such an act would set a bad precedent.

When the employee is already on maternity leave, the necessity for resignation with immediate effect does not arise unless there is a peculiar reason, such as suddenly migrating to another country. Still, if the poster clings to her stance, she has no option other than the one first stated.

Maternity Leave and Resignation Considerations

When an employee has enjoyed maternity benefits and, due to health reasons, cannot continue the job or rejoin after the maternity period, the employer should definitely consider health grounds with a doctor's certificate along with a notice period waiver. In case the employee decides to leave without completing the formalities of the notice period, she would need to forego the maternity benefits, as she cannot enjoy the benefits of maternity provided by the company when choosing to quit and pay for the notice period.

Ethically, it is not correct to resign while on maternity leave unless there are health-related reasons necessitating such a decision.

Maternity Benefit and Resignation

The Maternity Benefit is welfare-oriented. Ethically, putting in paperwork during this benefit period is not correct. By any stretch of the imagination, there was no warranted situation from the employee's side to separate from the organization, except for migration from one country to another under deterrent circumstances.

As a fair and principled employer, we accepted the resignation and complied with the notice period as part of the contractual employment agreement.

Options for Employees

The employee has two options:

1. Buy out the notice period.
2. Surrender earned leave or negotiate for early relieving by stating the actual situation and expressing willingness to buy out the short notice period.

The employer will also have no problem as the knowledge transfer has already been completed. Both parties will be in a win-win situation.