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How to handle complications in maternity leave


26-May-2023 (In Labour & Service Law)
After providing maternity leave for 26 weeks • if the employee resigns immediately after the leave is over, can we claim for the amount paid for maternity leave? • If the employee wants to go for a leave without pay immediately after the maternity leave gets over, can we deny for such leave? If the employee still wants to continue with leave without pay, can we dismiss her and claim for the maternity leave amount? • Can an employee sign an agreement before going to maternity leave/ during her maternity leave to stay with the company for a stipulated period of time immediately after her maternity leave gets over.
Answers (1)

Answer #1
751 votes
you are mixing maternity benefit with resignation.both are separate issues.
first of all you have to pay maternity benefit of leaves with pay.
secondly if some one resigns with out serving proper notice as per term and condition of appointment then salary in lieu of notice can be deducted from her full and final settlement

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