Resignation Post Maternity Leave - can we initiate any action on the same as per the law?

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

Hi,

If the employee after the end of Maternity period not resuming back to work and if submit resignation she is supposed to serve proper notice period or make payment in lieu of notice period. You can advise the employee to serve proper notice period.

Hi,

Added to the above during the Maternity leave period ( which is 182 days) you cannot initiate any legal action or can't force to serve notice period.

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

Hi,

Understood.

It is very common many employees submit resignation / not willing to continue after the completion of Maternity leave period. In this case she can be advised to submit one month notice or pay. If the employee is reluctant then the same can be recovered FFS payable to her after mutual discussion.