Maternity leave
7 months ago
Hello sir
As my office didn't leave an option for me other than resignation I have sent a formal email that I am going to resign from my job from today that is September 13. Now after sending an formal email on resignation can I take maternity leave? Can I take my resignation back and apply for maternity leave for 6 months. Currently I am in third month of pregnancy. Please help me out.
A.Dear Client,
In this context, I need to know whether you informed your pregnancy that requires maternity leave to your company before tendering your resignation on the ground of refusal of your request for maternity leave. In case you tender your resignation under compulsion of the situation, then you may revoke your resignation till the time it is officially accepted by the Company. Resignation is typically voluntary and free of any force or compulsion. On cessation of employment, you cannot claim maternity leave for your pregnancy as per the provision of the Maternity Benefit Act, 1961. The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her pregnancy status. If your appeal revoking the resignation that you tender under compulsion is not allowed by the Company., then, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary denial of maternity leave for redressal of your grievance.
In this context, I need to know whether you informed your pregnancy that requires maternity leave to your company before tendering your resignation on the ground of refusal of your request for maternity leave. In case you tender your resignation under compulsion of the situation, then you may revoke your resignation till the time it is officially accepted by the Company. Resignation is typically voluntary and free of any force or compulsion. On cessation of employment, you cannot claim maternity leave for your pregnancy as per the provision of the Maternity Benefit Act, 1961. The maternity leave is awarded with full pay on completion of at least 80 days in an establishment in the 12 months prior to her expected date of delivery. The duration of maternity leave for both first and second-time mothers is 6 months or 26 weeks. This leave can be availed either before or within 6 months from the date of delivery of the child. Once a woman employee applies for maternity leave, the Company is dutybound to approve her leave and disburse her all the monetary benefits available under the Act. It's illegal for employers to discriminate against a woman employee based on her pregnancy status. If your appeal revoking the resignation that you tender under compulsion is not allowed by the Company., then, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary denial of maternity leave for redressal of your grievance.
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A.Dear client,
You can still qualify for SMP if you resign or your job comes to an end at any time in or after the 15th week before your baby is due as long as you are employed in all or part of that week.
You also may be entitled to notice pay. If you resign while you are pregnant and before the start of your maternity or shared parental leave, you are entitled to be paid your ordinary contractual wages for notice period.
You can still qualify for SMP if you resign or your job comes to an end at any time in or after the 15th week before your baby is due as long as you are employed in all or part of that week.
You also may be entitled to notice pay. If you resign while you are pregnant and before the start of your maternity or shared parental leave, you are entitled to be paid your ordinary contractual wages for notice period.
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