Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Resignation while on ml

(Querist) 15 May 2017 This query is : Resolved 
I have been on 26 weeks Ml since 4th Feb 2017. However, i dont think i will be able to join back as there is no support system at home. Instead of me completing 26 weeks leave (which ends in August 2017), i would prefer to be transparent and inform my employer by june 2017. I am ok to forego the remaining Maternity Benefit. Please let me know if: 1. i can resign while on ML 2. Is the salary on already taken ML recoverable 3. Any other complications

Read more at: http://www.lawyersclubindia.com/default.asp
Guest (Expert) 15 May 2017
Instead of treating/Submitting it as Resignation treat/Submit it as Voluntary Retirement on Medical Grounds that would safe guard your interest.Along with that Letter enclose all the Medical Proofs enabling them to consider the Settlements.
kopal (Querist) 15 May 2017
Thanks for the revert Sir. But i am medically fit and moreover, its difficult to get a medical certificate also.
Its just that for child care (nuclear family and 2 kids) i want to take a break from work. Hence, instead of resigning post completion of Ml, i want to be fair to my employer and let them know before hand.
Hence, please confirm
1. i can resign while on ML 2. Is the salary on already taken ML recoverable 3. Any other complications
Guest (Expert) 15 May 2017
So your Medical Leave is Not Genuine.You could resign any time.Other Queries will rely on your Employer's Discretion.
kopal (Querist) 15 May 2017
Thank You sir.
Also, is the ML salary recoverable legally?

thanks
Kopal
Guest (Expert) 15 May 2017
If they Could prove it Fake and False Obviously they could seek the Legal Remedies.Better go for amicably sorting it out.
kopal (Querist) 15 May 2017
no ML is not fake. Birth certificate of child has been provided to the employer.
Guest (Expert) 15 May 2017
Sorry I didn't realize you were Madam Please.Your Employer can not claim the Salary paid during Medical Leave
kopal (Querist) 15 May 2017
Thank you Sir. This helps.
Will keep you posted on the development.

Kumar Doab (Expert) 15 May 2017
What is MI?
Is it for Maternity Leave mentioned in last lines?
Kumar Doab (Expert) 15 May 2017
Prefer to dicuss again in your family.


The Maternity Benefit (Amendment) Act, 2017 has provisions for support to woman employees.


http://labour.gov.in/whatsnew/maternity-benefit-amendment-act2017


http://labour.gov.in/sites/default/files/Maternity%20Benefit%20Amendment%20Act%2C2017%20.pdf

Work from home provision the effective date seems to be 1/7/2017.



Go thru Clause: 3(5), 4; Insertion of Sec;11A and similar threads by searching in ‘SEARCH’ option.


e.g;

http://www.lawyersclubindia.com/forum/Clarification-on-amendment-on-maternity-benefits-act-149755.asp

Kumar Doab (Expert) 15 May 2017
Also go thru; Maternity Benfit Act, 1961.



http://www.ilo.org/dyn/travail/docs/678/maternitybenefitsact1961.pdf

Kumar Doab (Expert) 15 May 2017
The Maternity Benefit prior to delivery was to be paid in advance and Maternity Benefit after delivery was to be paid immediately after pregnant woman has submitted intimation of delivery.
Submit gentle communication to pay (under proper acknowledgment) accordingly.



Check with Inspector (State/Central, as applicable in your case) appointed under the Act.
Try avoiding giving up your employment.

Kumar Doab (Expert) 15 May 2017
One can resign anytime.


Here the employee may either tender notice of resignation or resignation with immediate effect.



The notice period/pay is per either:


The enactments that apply to establishment/employer/employee………….Thus if enactments provide for notice period of say; 14days…………….and appointment letter of 60days,then 14days as in enactments shall prevail.




And if employee is not covered by any of the enactments then as per T&C/service conditions in appointment letter etc ………..

Kumar Doab (Expert) 15 May 2017
The employer can waive off full notice period/pay by its sweet will and on application by employee.



The employer shall supply the FnF statement showing earned wages/payouts/OT/ leave encashment/bonus etc e and adjustment of notice pay etc and final amount payable.
kopal (Querist) 15 May 2017
ML - Maternity leave, Sir
is salary paid durig maternity leave recoverable under any circumstance?
Kumar Doab (Expert) 15 May 2017
Same Query:


http://www.lawyersclubindia.com/forum/Resignation-while-on-ml-149838.asp
Kumar Doab (Expert) 15 May 2017
One can resign anytime.



Rather: The pending (unpaid) Maternity Benefit upto 26 weeks may have to be paid.



The amount paid for approved leave can not be recovered.



Download the proof/acknowledgment of submission of intimation of pregnancy/tentative date of pregnancy delivery/ Maternity Benefit forms if any submitted by you, approval of leave.


Kumar Doab (Expert) 15 May 2017
Insist on FnF statement showing computation of amounts paid, deducted if any and final amount that is payable.
Guest (Expert) 15 May 2017
Welcome Please
Guest (Expert) 15 May 2017
Agree with Expert
Rajendra K Goyal (Expert) 15 May 2017
May proceed as advised by the expert Kumar Doab.
Guest (Expert) 15 May 2017
Agree with Expert
Kumar Doab (Expert) 15 May 2017
Even if you leave during Maternity Leave the employer may have to pay for whole of 26 weeks.


Even you have contracted any sickness due to pregnancy delivery and advised bed rest by doctor due to it then submit the information and check for another 30 days leave.


It has been believed that ESIC is not provided to you.
Kumar Doab (Expert) 15 May 2017
You are welcome.


Kumar Doab (Expert) 15 May 2017
It is good to see statement of agreement with Expert.
Kumar Doab (Expert) 15 May 2017
Thanks for agreeing Mr. Rajendra K Goyal.
Kumar Doab (Expert) 15 May 2017
It is good to see statement of Agree with Expert.
Guest (Expert) 16 May 2017
Appreciation always Welcome.
Guest (Expert) 16 May 2017
Agree with Experts
Guest (Expert) 16 May 2017
Welcome Please
kopal (Querist) 16 May 2017
Dear Deob,

If i resign in the middle of my maternity leave, can the employer not cancel my remaining leave and ask me to serve 3 months notice period?
I dont want to continue and want to be relieved soon, hence, want to resign asap.
PS: i am not joining any organization also.

thanks
kopal
Kumar Doab (Expert) 16 May 2017
Correct the spellings of Deob.

It is Doab.
Kumar Doab (Expert) 16 May 2017
The notice period/pay has already been replied.
Guest (Expert) 17 May 2017
Agree with Expert
kopal (Querist) 17 May 2017
sorry for misspelling Doab.
pls correct me if something wrong in understanding:
1. If i resign in the middle of maternity leave- employed may agree to relieve me soon at the end of leave.OR
2. it can ask me to join immediately and make me serve notice period
or
3. can agree to adjust by paying off for 3 months notice period.
AND:
sanctioned leave availed salary is not recoverable.

Thanks
Kopal
Kumar Doab (Expert) 17 May 2017
The notice period/pay has already been replied.


Kumar Doab (Expert) 17 May 2017
For your satisfaction again:
Notice Period/pay is part of service conditions that are applicable to establishment/employer/employee and governed by various enactments.


In your case:


---It shall apply in accordance with various enactments that are applicable to establishment/employer/employee…………………and these shall prevail upon any private agreement that employer has drafted and signed with you e.g; appointment letter/contract of employment/HR policy/Employee Handbook etc etc …………


Any clause that is violative of governing enactments shall be void.



---In case you are not covered by either of the enactments then as per agreement that employer has drafted and signed with you e.g; appointment letter.



So the notice period/pay of 3 months may not necessarily be applicable in your case.

Kumar Doab (Expert) 17 May 2017
While posting such queries employee should post basic information!



What is this establishment; Commercial, Industrial?


What is its nature of business say; IT, ITeS?


How many persons are employed in it?
What is your designation and nature of duties?



How many persons report to you?



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state?


Since how many months you are working?


Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you?


Are you a member of employee’s/trade unions?
Kumar Doab (Expert) 17 May 2017
The Maternity Benefit has already been replied.


You may be eligible for Maternity bonus also.
Kumar Doab (Expert) 17 May 2017
For your satisfaction again:


The Maternity Benefit for period prior to pregnancy delivery should have been supplied in advance.



The Maternity Benefit for period after pregnancy delivery should have been supplied in immediately upon submission of information of pregnancy delivery by pregnant woman employee.



The rate of Maternity Benefit is duly narrated in the Act.


The employer can not supply @ less than the Act.


The employer can provide superior benefits than the Act but not inferior.



The employer has to supply full benefits as in the Act.

Kumar Doab (Expert) 17 May 2017
Maternity Benefit: In case of issues approach:

Inspector (State/Central, as applicable in your case) appointed under the Act.
Kumar Doab (Expert) 17 May 2017
Notice Period/pay: You may affirm to handover the charge/assets if any with you, under proper acknowledgment on the spot.


If you are covered by enactments then the enactments provide for notice pay/in lieu of notice period for both employer and employee.



The rate of notice period is narrated in the enactments.

Kumar Doab (Expert) 17 May 2017
Now you may reply to the points raised for you to reply.
Kumar Doab (Expert) 17 May 2017
Medical Leave for Maternity Benefits is not required at all.


Kumar Doab (Expert) 17 May 2017
If pregnant woman has been examined by doctor and has delivered a child then how can it be fake!
Kumar Doab (Expert) 17 May 2017
It is good to see statement of agreement with Expert.
Kumar Doab (Expert) 17 May 2017
Good to see expression of appreciation for expert.
Kumar Doab (Expert) 17 May 2017
What is the hesitation for joining before resigning?
Kumar Doab (Expert) 17 May 2017
Why such hesitation?

If you reply this also, shall try to respond.
Guest (Expert) 18 May 2017
Appreciation always Welcome
Guest (Expert) 18 May 2017
Agree with Experts.
kopal (Querist) 18 May 2017
thanks Doab.
the reply is as below.

While posting such queries employee should post basic information!


What is this establishment; Commercial, Industrial?
NONE

What is its nature of business say; IT, ITeS?
FOUNDATION

How many persons are employed in it?
What is your designation and nature of duties?
ABOUT 100 EMPLOYEES AND I TAKE CARE OF RECRUITMENT


How many persons report to you?
NONE


Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
NO

You are in which state?
NOIDA, UTTAR PRADESH

Since how many months you are working?
LAST 9 YEARS

Do standing orders (model/certified) apply to establishment and your designation?
ITS A FOUNDATION AND I HAVE BEEN HERE FOR LAST 9 YEARS


Was ever any stinker, memo, show cause notice on any misconduct issued to you?
- NO NEVER

Are you a member of employee’s/trade unions?
- no

so i am going ahead and resigning next month

thanks
kopal
kopal (Querist) 18 May 2017
Dear Doab,
Hesitation of joining- none.
I have worked here for 9 years and it will not be good on my part to make my employer wait for 26 weeks of maternity leave and then i go back and express my desire to resign. Hence, i want to be fair and inform them before hand. I am ok to loose out on the remaining benefit of maternity leave also.
Please guide accordingly
Kumar Doab (Expert) 18 May 2017
What is this foundation?
Is it some NGO/Charitable society etc etc?
Is might have registered itself with local govt authority.

You have recieved enough responses in all threads and discussions initiated by you.



Satisfy yourself by speaking to Inspector appointed under the Maternity Benefit Act and your own counsel specializing in Labor/service matters of unshakable repute and integrity, before you act on your own.
Kumar Doab (Expert) 18 May 2017
Apply your skills and try for waiver of Notice Period/pay from employer.


It may also not apply any deduction of Maternity Leave as apprehended by you.
If it does grant waiver, it is easiest and best recourse.



To resign or to continue to work is your personal decision and you are best judge of your own decisions.


Apply your skills to get waiver and clean relieving with good comments and also to keep the rapport,relation, goodwill alive.
They may c all you back when you are willing to work again.



Wish you the best.
Kumar Doab (Expert) 18 May 2017
What is this foundation?


It is asked as you could be eligible for Gratuity also.


If yes, submit FormI under proper acknowledgment.


Try to get ‘Notice of Determination of Gratuity’ and Payment in FnF statement/settlement.


Gratuity= { (Basic+DA)/26*15* No. of Years}


Basic+DA is as per last drawn salary.

In your case if you have worked for more than 6 months in a year take it as =1 full year.
If it is less than 6 months in a year take it as =0 year.
kopal (Querist) 18 May 2017
Thanks Doab Sir. Yes i am eligible for gratuity.
I am confident that i dont want to continue but at the same time, am apprehensive also. Can they cancel my remaining maternity leave and ask me to join back to serve notice period if they refuse waiver.
Though am doing it out of goodwill it shouldnt happen that the employer takes it otherwise.

It is an NGO and registered also.

regards
Kopal
Kumar Doab (Expert) 18 May 2017
NGO may also be registered under Shops & Estbs Act of the state.
Kumar Doab (Expert) 18 May 2017
It is majority of times: Employee that thinks of Goodwill.



It is majority of times: Employer that thinks otherwise.



Now you are realizing in your last post in this thread.

It is good.
Kumar Doab (Expert) 18 May 2017
Good Parenting ( paternal, Maternal, In -Laws etc ), Good Education, Good Peers ..................provide good values, virtues.



There is a world beyond such things.


You may ( not necessarily) get to feel it after 9 long years of service.


Only you can post back what exactly was decision of employer in your case.

Kumar Doab (Expert) 18 May 2017
Employment is not marriage.

Employer is not spouse,parent.........

This is professional work and professional relation at workplace.


Remain gentle and amiable.

The suggestions made to you in all threads are from practical happenings.


There are unlimited number of threads at LCI also filled with expressions like you.


Handle practical situations, in practical manner.


kopal (Querist) 18 May 2017
Thanks Doab. I have to claim my hospital discharge bill and once that comes through, ill speak to my HR and keep you posted.( by next month)


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :