Maternity Relief Act,1961

Legal Eagle (Querist) 13 February 2009 This query is : Resolved
Suppose a woman employee after the maternity leave resumes office for a day or so and tenders her resignation, in that case can an employer not give her the maternity benefits. Are there any provisions / judgments where an employer is entitled not to pay any maternity benefits?

Also which section of the Act provides for paternity leave?

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ARVIND JAIN (Expert) 14 February 2009
PL GO THROUGH THE ACT AND RULES. THERE IS A PROVISION FOR PATERNITY LEAVE ALSO.

Legal Eagle (Querist) 16 February 2009
Thank you Mr. Arvind. But as far as my other query is concerned, is there any judgment for not paying women who resign after few days after resuming. This is because, my client is experiencing this. Most of the woman enjoy the Maternity Leave and then resume office for two days and then put in their resignation. Is there any way out of this, for my client has to appoint some other person during the woman on maternity leave.

Abhishek (Expert) 17 February 2009
thnx sir for the useful info...

A. A. JOSE (Expert) 17 February 2009
Legal way out in the instant case may be difficult, but practical way out is to stop recruitment of women if your organization is unable to manage with the state of affairs.