Resignation and notice period

You have posted that:

--“ hence wihdrew my resingnation and applied for sick leave.”

You have done wise. Resignation can not be accepted before expiry of notice period/date of retirement or resignation mentioned by employee.

It is not easy to get a permanent job. Lady who is working is financially independent and supplements the financial health of her family.

--“ due to a complicated pregnancy i had to resign without serving a 3 months notice period.initially the management agreed to consider it on medical grounds but later on asked for a payment of 75,000 rupees since i hadn't served the 90 days notice”

The Maternity Benefit Act provide for enough of period for the lady during which employer can not assign arduous work, lady can avail paid leave before and after delivery, and for sickness due to pregnancy and for post natal care and is eligible for payouts.

“can i ask d school to arrive at a point of compromise wherein i forego my maternity benifit and they consider my 3 months of notice period issue to be solved.”

Do not complicate. The school can not violate the law s you have informed of your pregnancy and there are bindings on the employer.

You may rather plan your future and properly. It is suggested that don’t give up your job.

“incase d request is turned down and i happen to resume duty on jan 23 and after 2-3 days tender my resignation serving a 3 months notice, will i be entitled to get my materntiy salary and the salary of 3 months of notice period.”

Yu are entitled for salary during notice period if you work during this period.

If you resign during the notice period you have to tender notice pay as a penalty and contractual obligation.

You may agree for notice pay @ Basic + DA. The employer pays Gratuity, Bonus, leave encashment as this rate only.

---“ Restrictions placed by the Act on the employment of women: The restrictions placed by the Act on the employment of women are as follows:

1. The employer is prohibited from knowingly employing a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage;
2. A woman also, on her part, is required to abstain from working in any establishment during the said period;
3. A pregnant woman can also request her employer not to give her any work which is of an arduous nature or which involves long hours of standing, etc. during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery or any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence, under the Act. On such a request being made by her, the employer shall not give her such work during such period. {Section 4}

Time for payment of maternity benefit: The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance to the woman on production of proof that the woman is pregnant and the amount due for the subsequent period shall be paid to the woman within 48 hours of production of proof that the woman has been delivered of a child. {Section 6}

{Submit the proof of pregnancy and expected date of delivery to o/o Appointing Authority under proper acknowledgment and request for disbursement of payment immediately. Yu may submit the reminders under proper acknowledgment. Remain gentle but keep proper record.}

Period for which a woman is entitled to maternity benefit and the rate of the benefit: (i) The maximum period for which any woman shall be entitled to maternity benefit shall be 12 weeks of which not more than 6 weeks shall precede the date of her expected delivery.

Is a woman entitled to maternity benefit, also entitled to any medical bonus?: A woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of 250 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. The medical bonus shall be paid along with the second installment of the maternity benefit. {Section 8 & Rule 5}

{ The Central Government vide notification No. S.O. 2016(E) dated 11th August, 2008 increased the amount of medical bonus from Rs. 1000/- to Rs. 2500/-. Further, vide notification No. S.O. 2016(E) dated 19th December, 2011, the amount of medical bonus has been increased from Rs. 2500/- to Rs. 3500/-.}

Is a woman entitled to any leave with wages for illness in addition to the period of absence allowed to her under the provisions of the Act?: A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}

{ Obtain proper record of medical history, complications, and request the doctor to record diagnosis, result of diagnostic reports on prescripttion and keep everything in original attested by doctor with seal, signature and date in file.}

Valuable advice of learned experts/members is sought.

Hi  My Company has 3 months of notice period and I would like to serve only 1.5 months and would like to pay off for rest 45 days..

HR has stated that they would not handover any experience or relieving letter to me.. instead they will mark me as absconded.

Please suggest the way out