Facing a Tough Choice: How to Handle Resignation After Maternity Leave When Notice Period Options Are Limited

My wife is about to complete her maternity leave and has decided not to return to work due to health issues and baby care. She has requested her employer for resignation and a waiver of the notice period, but the employer denied her request, stating that she only has two options:

1. Serve a 90-day notice period.
2. Buy out the notice period by paying back three months' salary.

How can this situation be handled?

Hi, I hope you are well. Your question pertains to Indian laws.

Upon completion of the 182-day statutory maternity period, if the health condition demands, subject to the recommendation of a registered doctor, an employee can apply for an additional one month with a proper doctor's certificate. Subsequently, if an employee chooses to resign, the employer, on humanitarian grounds, can consider it with one month's notice or even without notice. However, it is not mandatory on the employer's part.

Demanding a three-month notice or salary in lieu of the same seems very harsh and does not make sense. You may seek the help of local labor officials who can assist you in this matter.

Thank you.

Thank you for your response. The employer has also mentioned that if we don't serve the notice period or make the payout, they will hold the final settlement and relieving letter. I will seek help from local labor officials.

Hi, In cases where the resignation follows maternity leave, even if due to health reasons, the employer may not be able to apply the same procedures as in typical resignation cases. You can consider seeking assistance from local labor officials.

I think that first the poster has to approach the concept of the notice clause relating to unilateral termination of employment in a dispassionate manner.

Notice clause in employment contracts

The notice clause in the contract of employment imposes a restriction on the tendency for instantaneous termination of employment so that the resultant hardships likely to be undergone by both the employer and the employee concerned can be avoided or minimized. However, it is also flexible to the extent of exercising certain alternative options by the parties befitting the necessity of the unilateral exit. That's how the buyout clause or the waiver clause of the notice period has to be viewed.

Employee's practical difficulty post-maternity leave

The situation explained in the post relates to the employee's practical difficulty in rejoining after the expiration of the maternity leave availed. Of course, the employee's decision to quit the job can be genuine, and the employer also doesn't seem to be skeptical about it or in a tight refusal mode to insist upon the compulsory serving of the notice period; on the other hand, he insists on the payment of salary in lieu of notice.

Therefore, it is not advisable to precipitate the issue by approaching the Government authorities. Better the poster and his wife seek an audience with the CEO of the organization and convincingly request a gracious waiver or a considerable reduction in the amount of the buyout.