kopal 15 May 2017
Rama chary Rachakonda (Secunderabad/Telangana state 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.
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
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.