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Hi,

We have an employee who has resigned while on her maternity leave. She has asked for her maternity leave to be adjusted against her notice period of 60 days. Is this advisable? What are the alternate steps that can be taken?

From India, Mumbai
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Mahr
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Dear deosthali,

No, we can't accept the maternity leave period as notice period. If the reason behind this is the absence of a fitness certificate or challenges related to work performance, it will be taken into consideration.

Anyway, please consult with someone more knowledgeable about labor laws.

Thank you.

From India, Bangalore
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eosthali Hi This is jeevanandam HR saint Gobain Glass India Ltd we can’t accept maternity leave as adjusted in Notice Period. Regards Jeevanandam K
From India, Madras
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Accepting the maternity leave against notice period is not advisable.It would be better to waive of the notice period and relivev the person immediately especially since it is a maternity case
From India, Mumbai
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Hi Deosthali,

I agree with Jeenarajesh, the purpose of the notice period is to allow the company time to find a replacement for the employee and to ensure the work assigned is completed and handed over properly. If the employee is already on maternity leave, the handover is already complete. It would be best to waive the notice period.

Regards,
Amrita

From India, Hyderabad
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