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kopal   15 May 2017

Resignation while on ml

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


Learning

 27 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 May 2017

No need resignation. The law  has also made a provision under which an employer can permit a woman to work from home, if the nature of work assigned permits her to do so. This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.

1 Like

Kumar Doab (FIN)     15 May 2017

What is MI?

Is it for Maternity Leave mentioned in last lines?

Kumar Doab (FIN)     15 May 2017

Prefer to dicuss again in your family.

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

 

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

https://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;

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

Kumar Doab (FIN)     15 May 2017

Also go thru; Maternity Benfit Act, 1961.

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

 

Kumar Doab (FIN)     15 May 2017

One can resign anytime.

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 (FIN)     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 (FIN)     15 May 2017

One can resign anytime.

Here the employee may either tender notice of resigantion 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 (FIN)     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.

Kumar Doab (FIN)     15 May 2017

Same Query:

https://www.lawyersclubindia.com/experts/Resignation-while-on-ml-641316.asp

 

 

rajagopal.s (Lawyer.)     15 May 2017

Hi 

In general if you resign during maternity leave period, the company is at liberty to ask for refund of the pay availed by you during your maternity break period (from February 2017 till June 2017). However many companies do not exercise this option as they would like ot hire people like you once you have a conducive environment back at home  to resume work.

So before submitting your resignation, you should speak to your manager and Human Resources and inform that your medical condition/support system do not permit you continuing to work. 

Alternatively if the Human Resources department or your manager offers you an option for work from home then i think you should take the opportunity till such time you have a support system. 

Given today's dynamic market, companies would prefer to accomodate hard working employees like you rather than hire a new resource, train them and bring them up to speed. 

kopal   16 May 2017

Sir,

I have discussed with my family also, and do not wish to continue in my current organization. Also, rather than prolonging resignation on completion of 26 weeks of maternity leave, i would want to be relieved soon.

Kindly suggest:

Thanks

Kopal

sapan (individual)     16 May 2017

Is there any law that helps victim to demand investigation report against him from the private organisation. Incident report: 1) I was serving my services to ICICI bank Ltd as BSM CA posted at Chinchwad branch handling team of ROs and as support to vertical CASA. 2) CASA RO named poonam chandrol has sourced account which she was not able to come along with me for joint visit at the time of account opening due to medical reasons. 3) I visited the client did all due diligence as per bank mandates and processed the form. 4) Account was opened under deferral status with 60 days of period to provide second entity proof, account opened in the month of september 2014. 5) Due to not a fruitful business client shut down the business in the month of december 2014 and went to UAE for further opportunities, which made him not contactable to urge for 2nd entity proof. 6) In the mean time shuffling happened in the system and was transferred to hinjewadi location from November 2014. 7) After 5 months RCU visit was conducted and found no business unit mentioned as per finacle address of the said client, giving remark door locked and stay not confirmed, which at the time of account opening was visited by me twice for documentation query. 8) In the month of march mail in regards to the issue were received by the RO CASA miss poonam chandrol which was not marked to me and i was unaware of the same. 9) RO CASA Miss poonam chandrol reverted the mail that she made visit to communication address along with me without my knowledge. 10) Later in month of march it was found that she lied that about communication address visit and begged to save her job as she is single mother which made me to take emotional decision stating that she accompanied me for address visit, later which denied under pressure. 11) The lady was asked to resign and for supporting her on humanity grounds was terminated from the job even when i was serving my notice period.

Kumar Doab (FIN)     16 May 2017

Notice period/pay; Its application as per enactments that are aplicable, oras per appointment letter and its discretion to waive off by employer has laready been discussed.

Kumar Doab (FIN)     16 May 2017

@sapan,

Pls post in the thread initiated by you.


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