Navigating Job Offers and Resignations During Maternity Leave: How Can I Manage This Transition?

Hi, I am on maternity leave and submitted my resignation at the end of the 4th month of maternity leave (28 Feb 2021). My maternity leave ends on 30 Jan 2021. I received an offer from another organization, and due to my personal situation, I have to move to that organization. However, my employer is stating that my resignation won't be considered as I am not serving the notice period. They are requiring me to resume office work, resign, and serve a notice period of three months. My relieving date is shown as 28 Feb, so I provided my joining date as 1 Mar in the new organization. Please advise on how I can handle this situation.

Questions and Concerns

1. Can I submit my resignation again after my maternity leave?
2. Despite disclosing that I have an offer, my employer has not provided guidance on the next steps.
3. How should I communicate this situation to my new employer? Is it possible for them to extend my joining date beyond two months?

I would appreciate your assistance as I am facing personal financial challenges due to this situation.

In response to your queries, this is for your consideration:

1. There is no legal requirement for resubmitting your resignation on rejoining duty after maternity leave, as there is no specific bar for an employee to submit resignation while being on maternity leave. Indeed, the provision is otherwise; the employer is forbidden from dismissal or discharge on account of the woman employee being on maternity leave.

2. The employer has its own compulsions and conveniences in reacting in the manner it has chosen. The insistence on resubmission of resignation after resuming duty is clearly not warranted.

3. Before you take any precipitative action, first confirm from the new employer their readiness to wait for a further two months. Alternatively, you can offer the existing employer to buy out the remaining notice period after 28th Feb '22.