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VIREN (OWNER)     29 January 2014

Maternity leave and notice period



My wife was working in a Private Sector Bank. She was pregnent in July, 2012 and applied for loss of pay since that july, bcoz she travel abt 135Km (Up & Down) daily in Govt. Bus. She applied for Maternity leaves from 01.01.2013 and finally resigned on 31.03.2013.

Now Bank said that she had not served notice period of 3 Months, Therefore, Bank has marked lien on Rs. 51000 out of PF withdrawal.

Kindly suggest what can be the solution


 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 January 2014

Resignation notice is also called notice of resignation, which is often referred to as one month notice of resignation.


It's a traditional, common courtesy for any  workers to submit resignation notice to their employers at least one month  in advance of quitting their jobs. Workers typically submit such in a formal resignation letter, also called a letter of resignation.

However, as a general rule under the Doctrine of Employment at Will, workers may quit their jobs at anytime without submitting advanced resignation notice to their employers.

But, as with most general rules, there are exceptions. For example, workers who:

  • Work under employment contracts that require them to give minimum contract termination or resignation notice risk breach of contract if they fail to give such notice

Sudhir Kumar, Advocate (Advocate)     30 January 2014

lien of PF is thourghly illegal regardless of other facts.

Sudhir Kumar, Advocate (Advocate)     30 January 2014

she is not resigning but only seek LWP so the notice period may not be relevant.


better appreciation can be done by someone who sees all papers.

VIREN (OWNER)     30 January 2014

Thanks to all of you for reply


Even, if Bank asked to serve the notice period, my wife was not able to serve because of the her and my baby's health.

Sir kindly advise me what action can i taken for to get my all pf amount on which has marked the lien.

It is a huge amount and it matter a lot for me.

Kindly advise

VIREN (OWNER)     30 January 2014


Even i send all the medicals (of her own, mine and my baby), but they didnt respond.

Kumar Doab (FIN)     30 January 2014

The notice period shall be as per standing orders applicable to the establsihment (Certified/Model) and extended to the designation of the employee.

If standing orders are applicable  but are not certified then Model Standing orders shall apply.

If employee is covered as ‘Workman’ as in ID Act then she should e covered By Model Standing Orders.

As per Model Standing Orders notice preriod during probation period is NIL and after confiormation is 1 month.

If standing orders are certified then employee should acquire a copy of it and check she is covered in it.

Model Staning Orders have statutory force and certifed standing orders is instrument of law and standing orders shal prevail upon any private agreement that employer has signed with employee e.g; apointment letter/contract of employment.

If notice period in standing orders is NIL it can’t be even 1 day in appointment letter.

The standing orders should be displyed at a conspicious place e.g. Notice Board and employer is bound to supply a certified copy to employee on demand even if against nominal cost say Rs.10/.

Employee or anyone can obtain the certified copy from certifiying officer that may be DLC in O/o Labor Commissioner ar location of redg. Offcie of establsihment against a nominal cost say Rs3/page. Te copy should also be available with abnk employees association. Employer is persoannly held responsible for fiathful observance of standing orders.

If standing orders are not applicable/extended to the designation of employee  then notice period shall be as per service conditions stated in appointment letter, service rules of the establsihment.

Employee may request the good offcies of appointing authority, MD, Chairman to waive off the notice period/pay citing her contributions, reasons and good offcies can waive off the notice period/pay.

If notice period is 3 months in any case and is not waived off then employer should supply the FNF statement containing all payables by employer to employee including leave encashment/bonus/Gratuity/Maternity benefits etc……………….and payables by employee to employer including notice pay for verification and acceptance, and employee pay the outstanding  amount if any.


The PF of the establishment is with whom: EPFO or PF trust of the establsihment?


Download PF rules.

It is felt  PF can not be attached. The lien on PF might be bad.


The employee may demand I writing to let know by letter thru redg. Post by which rule and law lien on PF has been marked and certified copy of such rule and law.

Rohan (Manager- Legal)     30 January 2014

Viren I advise you to re-read carefully the original Oppointment letter or the related papers. Your spouse could not continue with the empployment afer her maternity break due to health reasons. Agreed. But then, that makes her liable to forfiet her 3 months Salary against the mandatory Notice period which she could not (understandably) serve. I am sure thats what the terms of the Employment letter would be. Further, there is an impression of an apprarent mischeif on your & Spouse part. 1) By resigning exactly after completion of the 3 month Maternity leave. 2) By drawing Salary for those 3 months leave despite knowing that the challenging circumstances would most likely not allow your Spouse to come back to work after 3 months. Understand one thing, however much I would like to side with you on this topic, it is clear that you / your Spuse wanted to take advantage of the situation by exploiting the Company. The Company duly adhered to the law by proviing her the maternity leave of 3 months paid.

Kumar Doab (FIN)     30 January 2014

Mr. Rohan has made a sharp observation and we concur with it that it seems the lady has resigned after availing Maternity Benefit.

Once this is the perception of the appointing authority, employer it is certain that good offices may not grant waiver of notice period/pay. That is probably why the company has maintained a studied silence.

Still  the employee has submitted  an appeal for waiver to good offices and it is discretion of good offices to grant waiver or decline.


It is not clear that the bank follows Maternity Benefit Act or it has  another Maternity Benefit policy offering superior benefits as compared to Maternity Benefit Act.

For the sake of discussion it is being pointed out that Lady was entitled for another 1 month leave (in addition to 3 month’s Maternity leave) after delivery if she was sufferring from sickness due to pregnancy delivery and Maternity Bonus of Rs.3500/. So if the employee has submitted her medical reports and medical certificate she may succeed to lay claim to another 1 month Maternity benefit at the same rate of maternity benefits.

It is believed that the private Bank employees have not affiliated with All Indian Bank Employees Association and the service conditions are  not negotiated between employer and employees along with union. If it is so standing orders may be perused.

The querist has not clarified “The PF of the establishment is with whom: EPFO or PF trust of the establishment?” It is also not clear whether the lien is marked on employee’s share or employer’s share in PF????????? The PF rules of the Bank have also not been quoted by the querist.


Had the querist clarified he would have benefited from the expertise of Mr. Sudhir Kumar on matters related to PF.



We fully agree with Mr. Sudhir Kumar that no lien can be created on PF even if  bank has its own PF trust and follows sastry award………………………

The querist  may find another thread as relevant;

Discussion > Labour & Service Law > Gratuity > P.f & gratuity







T. Kalaiselvan, Advocate (Advocate)     01 February 2014

I agree that the lien on PF is illegal.  But Mr. Roshan has raised very good point which need to be clarified by the querist, why did the author's spouse wait for completion of three months maternity leave period and then apply for resignation, the post delivery  health problems are known fact, if she was honest enough, she could have utilised one month period from that leave period itself.

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