Resignation On Completion of Maternity Leave - Should We Ask The Employee to Serve The Notice Period?

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

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.

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.

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.

What does the company policy says on resignation?

In general yes notice period need to be served & how the company is going to be benefited from the notice period? Any how she was on leave for about 6 months and even if she reports to duty she will not have anything to perform. As humanitarian basis you can accept and relieve with out notice period.

Yes. Please visit your company policy and appointment letter issued to employee.
To visit and review:
Company policy
Appointment letter
Communications circulated to employee
You may reduce NP based on circumstances and handing over of responsibility.

Hello,
It seems like the situation you're dealing with is common in many companies. After women employees take maternity benefits, they 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 woman employee from her position.

Regards,
Suntosh Raut