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Resignation while on ml

Page no : 2

Anjuru Chandra Sekhar (Advocate )     17 May 2017

Continue up to August 2017 without resigning. Avail another one month leave for illness by producing medical  certificate which you are eligible under section 10 of Maternity benefit act..  Give notice of resignation in such a way that notice period ends with additional sick leave applied under Section 10 of the Act. 

 

Do like this and see what employer will do. You need not show any mercy...the only thing required to be eligible to avail maternity benefit is you should have worked for 80 days in 12 months preceding date of delivery. Law said nowhere if you resign while on leave you are not eligible for maternity benefits from date of resignation. When law is silent on it why you want to show mercy on employer?

Kumar Doab (FIN)     17 May 2017

Agreeing with Mr.Anjuru Chandra Sekhar.
The additional 30days maternity Benefit is for sickness due to pregnancy delivery and Dr. has to certify it. 

 

Regarding notice period/pay detailed reply has alrady been given.

You may reply to all points raised.

 

kopal   18 May 2017

Thanks Rajagopal Sir.

this is what i wanted to ask . The point highlighted by you. Can the maternity leave pay be recovered by employer under law? if yes, then they can ask me to pay back the same when i resign in August also.

Your reply will be highly appreciated.

 

thanks

Kopal

 

Lokender Gupta (Director)     25 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)     25 May 2017

Hope you are satisfied and can defend your interest.

Lokender Gupta (Director)     30 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)     31 May 2017

The query has been addressed in both Forum/Experts sections.

Decide as suitable to you.

1 Like

kopal   06 June 2017

hi, so here is how it went. I messaged my manager and post knowing about my interntion to resign  was pretty unwilling to talk.She sent a message saying there is nothing to talk, she sees little point in me lingering on etc.I pleaded her for early relieving etc but she didnt reply. Then i tried reaching my HR head who did call me back and suggested i send the letter saying that post my ML i will not be able to join back. I have sent my formal resignation letter but so far no revert on that too. for phrases used my Manager i am sure i can move the court. Please suggest

kopal   06 June 2017

Dear Doab Sir,

so here is how it went. I messaged my manager and post knowing about my interntion to resign  was pretty unwilling to talk.She sent a message saying there is nothing to talk, she sees little point in me lingering on etc.I pleaded her for early relieving etc but she didnt reply. Then i tried reaching my HR head who did call me back and suggested i send the letter saying that post my ML i will not be able to join back. I have sent my formal resignation letter but so far no revert on that too. for phrases used my Manager i am sure i can move the court. Please sugges

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=149838&offset=3

 

Kumar Doab (FIN)     06 June 2017

You wanted  to talk to Manager and HR Head and you have done that.

Your HR head wanted you to send a letter.

You have sent the letter.

Wait for the revert.

 

kopal   06 June 2017

No Sir. I couldnt speak on phone to my Manager. She refused to talk. Instead sent message- nothing to talk. thats the reason i had to speak to HR head.

Kumar Doab (FIN)     06 June 2017

Originally posted by : kopal
Dear Doab Sir,

so here is how it went. I messaged my manager and post knowing about my interntion to resign  was pretty unwilling to talk.She sent a message saying there is nothing to talk, she sees little point in me lingering on etc.I pleaded her for early relieving etc but she didnt reply. Then i tried reaching my HR head who did call me back and suggested i send the letter saying that post my ML i will not be able to join back. I have sent my formal resignation letter but so far no revert on that too. for phrases used my Manager i am sure i can move the court. Please sugges

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=149838&offset=3

 

"or phrases used my Manager i am sure i can move the court. "

 

What exactly you want to convey!

kopal   06 June 2017

thats a typo error. I wanted to say i wish i could move the court.


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