I am a senior resident doctor in a government hospital, working on a yearly contract basis. I shall not be able to join back after maternity leave as I have no place to leave my baby. I received 6 months of maternity leave. If I resign, will I have to return 6 months of maternity pay or only one month in lieu of a notice period?
Thanks
From India, Mumbai
Acknowledge(1)
Amend(0)
1Thanks
From India, Mumbai
Acknowledge(1)Amend(0)
Forfeiture of Maternity Benefits
Paying back maternity benefits will amount to the forfeiture of those benefits. It is property that has been earned by you and cannot be forfeited except in accordance with the law.
Forfeiture of maternity benefits can only be done under Section 18 of the Maternity Benefit Act when a woman works during the period she has obtained authorized absence for maternity benefits. The notice period or payment of wages in lieu thereof, and maternity benefits, are different criteria. Therefore, you may have to pay one month's wages in lieu of the notice period only.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Paying back maternity benefits will amount to the forfeiture of those benefits. It is property that has been earned by you and cannot be forfeited except in accordance with the law.
Forfeiture of maternity benefits can only be done under Section 18 of the Maternity Benefit Act when a woman works during the period she has obtained authorized absence for maternity benefits. The notice period or payment of wages in lieu thereof, and maternity benefits, are different criteria. Therefore, you may have to pay one month's wages in lieu of the notice period only.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
After the completion of your maternity leave, report for duty and explain your situation to them. In government sectors, crèche facilities are available. If nothing works out, you can resign by paying a one-month notice period as per your termination clause. As mentioned by Mr. Sushil, maternity benefits are not related to your resignation, and the maternity benefits cannot be forfeited or denied.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
She need not report for duty, even as she can submit an application in advance if she feels like it, requesting to be paid the notice period pay on completion of her maternity leave. It takes time in the government to process this application.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Maternity Leave Policy - posting.doc