Navigating Resignation After Maternity Leave: Can We Request a Notice Period for Handover?

We have a situation involving one of our female employees that requires your guidance as per the applicable government laws.

Employee Background

The employee in question joined our company in February 2022. She declared her pregnancy in February 2023 and, following her doctor's recommendation for bed rest due to her previous medical history, requested to work from home. We mutually agreed to this arrangement, and she continued to work from home until 30th January 2024. She delivered her child on 31st January 2024 and subsequently went on ESIC maternity leave.

Current Situation

In August 2024, upon the completion of her ESIC maternity leave, the employee submitted her resignation, citing the reason that she has no one at home to take care of her child.

Guidance Needed

Given these circumstances, we are uncertain about the next steps. Specifically, we would like to know if we can ask the employee to serve a notice period of at least one month for a proper handover of her responsibilities.

Your guidance on how to proceed according to the applicable laws would be greatly appreciated.

Company Policy on Resignation

What does the company policy say on resignation? In general, yes, a notice period needs to be served. How is the company going to benefit from the notice period? Anyhow, she was on leave for about 6 months, and even if she reports to duty, she will not have anything to perform. On a humanitarian basis, you can accept and relieve her without a notice period.

Yes. Please visit your company policy and appointment letter issued to the employee.

To visit and review:

- Company policy
- Appointment letter
- Communications circulated to employees

You may reduce the notice period based on circumstances and the handing over of responsibility.

Hello, it seems like the situation you're dealing with is common in many companies. After female employees take maternity benefits, they often end up leaving the organization. You should follow the terms outlined in their appointment letter. In such cases, there may not be much you can do other than accepting her resignation, attempting to recover any owed notice period, and then relieving the female employee from her position.

Regards, Suntosh Raut