Employee Resigns Just After Taking Maternity Benefits

Hi,

An employee takes maternity leave for 84 days and submits her resignation on the 85th day without returning to work. She still expects the employer to pay her one more month's salary. Is it mandatory for the employer to provide this additional month's salary as part of post-maternity benefits if the employee has not resumed work?

Regards,

Dear member, please confirm whether the woman employee is covered under the Maternity Benefit Act, 1961 or under the ESI Act, 1948.

What do you mean by the words "pay one more month salary"? Is the said woman employee claiming maternity benefit for an additional period of 30 days due to or on account of illness resulting from such maternity? Has the said woman employee obtained and produced a medical certificate for this additional period of one month?

As per the act, you are liable to pay and also deduct one month's notice in FNF as per the company policy.

Hi Reachhema,

12 weeks of maternity leave is what you are liable to pay. One month of extended leave shall be given if she submits a medical record stating that she may need some more time to recover. The extended leave will be without pay (LOP). If she resigns right after the maternity period, then I believe she has a notice period to serve, which is typically one month. Ask her to serve the notice period or pay one month's salary; otherwise, she will not receive any employment documents. Inform her that failing to comply would be treated as an absconding case.

In my own knowledge regarding her resignation, she should have at least 30 days of turnover before she will get the separation pay she demanded. If she signed a contract stating that if she will not finish her contract and decided to resign, she will be liable for it.