Legality of giving resignation while on the maternity leave

258 votes

As per the Maternity Benefit Act, 1961 a woman employee is entitled to a maternity leave of 26 weeks for the first two children. During maternity leave, the woman employee is protected against dismissal, and the employer cannot terminate her employment.

However, if a woman employee wishes to resign from her job during the maternity leave period, she can do so by giving notice as per the terms of her employment contract. The notice period may vary from employer to employer, and the woman employee may be required to serve the notice period before leaving the job.

If the woman employee does not wish to serve the notice period, she may have to pay compensation to the employer as per the terms of the employment contract or the applicable laws. In some cases, the employer may waive the notice period if the woman employee can provide a valid reason for leaving the job without notice, such as a medical emergency or a family emergency.

LawRato LawRato

639 votes

As per latest modification in the law the maternity leave can be extended by an organization from present three months to six months of maternity leave. But maternity benefits can be revoked by that organization in case a women employee changes the job during that period. A working women also has right to ask for light jobs during pregnancy. you may attend your work or you can extend your maternity leave for next 3 months. don't worry you can take your salary during maternity leave as per Act. you can resign but think about your upcoming baby future. extend your maternity leave for 3 months.

Advocate Deepak Yashwantrao Bade LawRato