Maternity Leave Resignation: Can Employers Take Action When the Law Is Silent?

Any employee availing maternity benefits, if resigns without joining back, can we initiate any action on the same as the law is silent on this?

Hi, if the employee does not resume work after the end of the maternity period and decides to submit a resignation, she is required to serve the proper notice period or make a payment in lieu of the notice period. You can advise the employee to serve the proper notice period.

Hi, during the maternity leave period (which is 182 days), you cannot initiate any legal action or force someone to serve the notice period.

Thanks for the reply. During maternity leave, no action is taken. It is after the due period that the employee is denying, pretending that the organization is shifting her unit, so she is resigning.

Hi, understood. It is very common for many employees to submit their resignation or express unwillingness to continue after the completion of the maternity leave period. In this case, she can be advised to submit a one-month notice or pay. If the employee is reluctant, then the same can be recovered from the FFS payable to her after mutual discussion.