Can I Leave India During My Maternity Leave?

Maternity leave in India is a sanctioned period of absence for working women employees, which can be used before or after delivering a child. The Maternity Benefit Act of 1961 outlines the eligibility, duration, payment, and health and safety measures for working women during pregnancy and after delivery.

Employers cannot terminate a woman’s employment during her maternity leave period or issue a notice of termination, except for certain circumstances. The Act increased maternity leave from 12 to 26 weeks, provided work from home and creche facilities, and extended benefits to commissioning and adopting mothers.

Working women in India are protected against dismissal and cannot be forced to resign after maternity leave, as it would affect their livelihood. They can resign any time they want provided they are ready to serve the notice period or pay. Resigning during maternity leave is allowed up to 52 weeks and can be done at the end of the period if they decide not to.

Maternity leave cannot be used to shorten the notice period, but it can be used during the notice period. If a woman wants to resign while pregnant, she will not be entitled to take maternity leave, but she may still be entitled to pay. Statutory Maternity leave is given to employees, not resigned employees.

A woman may not resign while still on maternity leave, or her notice period may not overlap with her maternity leave period or any leave period for that purpose. To apply for maternity leave, a woman must have worked for at least 12 months with the employer.

What are the rules for maternity leave in India?

The Maternity Benefit Act provides 26 weeks of maternity leave for pregnant women, with a maximum of 8 weeks before their expected delivery date. For the third and subsequent child, they can take 12 weeks. If a woman experiences miscarriage or medical termination, she can take 6 weeks of leave, but may need to provide proof. Adopting or commissioning mothers can take up to 12 weeks of leave from the day the newborn is handed over. Additional leaves can be granted for new mothers requiring more recovery time.

Employers can be punished with imprisonment if they do not provide maternity benefits. The Act applies to women in both public and private sector organizations, including private companies, government jobs, mines, plantations, factories, and organizations with 10 or more employees.

Can I resign with immediate effect due to stress?

Unknowingly resigning with immediate effect can result in a loss of notice payments and breach of contract, potentially leading to a claim against the employee. It is crucial to ensure that you are providing the appropriate notice under your employment contract. Giving the employer the “heads up” about your intention to resign on a future date is generally not a good idea, as it may lead to the employee leaving earlier than intended and may not be treated the same way as before.

It is essential to be cautious during the resignation process and to ensure a smooth transition into your new job. It is essential to communicate your intentions clearly and avoid giving the employer the “heads up” that you are leaving. A careful dialogue during the resignation process is essential to avoid any potential legal issues.

What is the case law for maternity leave in India?

The Supreme Court has ruled that an employee entitled to maternity benefits under Section 5 of the Maternity Benefit Act can claim these benefits beyond the term of employment. The case involves a temporary Senior Resident Pathologist at Janakpuri Super Speciality Hospital, who was initially appointed on a contractual basis for a one-year term, which was later extended twice. The Appellant applied for earned leave on medical grounds in May 2017, and as per the Maternity Benefit Act, she was only eligible for 11 days of maternity benefits.

The Appellant challenged this in the Central Administrative Tribunal and the Hon’ble Delhi High Court, but both courts rejected her contentions. The Delhi High Court emphasized that the purpose of the Maternity Benefit Act is not to extend the contract period but to enable the employee to avail maternity benefits under the Act. The Supreme Court referred to earlier judgments to determine if a female employee employed on contractual basis can claim maternity benefits as per provisions under the Maternity Benefit Act.

What happens if my contract ends during maternity leave?

If your contract is due to end while you’re on maternity leave, your employer doesn’t have to renew it. It’s against the law to not renew it due to sex, pregnancy, or maternity reasons. You can request a written explanation from your employer or raise a grievance if you find it unfair. If your baby is stillborn after 24 weeks of pregnancy or lives for a short time after birth, you still receive maternity leave and pay.

Can I resign while on leave in India?

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Can I resign immediately without notice period in India?

In the Indian context, an employee is permitted to resign without providing advance notice if the appointment letter does not stipulate a notice period or if the employee is required to pay for the duration of the notice period that they are unable to serve.

What is the new rule for resignation in India?

Employees working for a month or less do not need a notice period, while those working up to two years must give notice for at least a week. Employees aged 2-12 years can serve for a week for each year of employment, while those over 12 years require a 12-week notice period. Companies will always include a notice period clause in their employment agreement, outlining the legal rules for notice periods after resignation in India. Employees should understand these rules, respect the organization’s decisions and operating system, and keep their career in mind.

Can I resign while on maternity leave?

Maternity leave employees cannot give notice of termination during this period, as it allows them to recover from childbirth and care for their newborn. After the leave, normal rules for notice periods and termination apply. Both parties can initiate the termination process under usual employment laws and regulations. It is advisable for both parties to consult their employment contract, labor laws, and relevant policies or agreements to ensure the termination process is conducted in accordance with the law and provided terms.

Can I resign while on leave?

Henderson proposes that, when on annual leave, the optimal time to resign on good terms is either before or after the leave period. Hottot recommends that, when resigning, one should consider the other person’s perspective.

What is the new maternity leave law in India 2024?

Pregnant female employees are entitled to 26 weeks of maternity leave for their first and second child, with up to 8 weeks before delivery. For the third or subsequent pregnancy, they can take 12 weeks of leave. Adopting mothers can take 12 weeks of leave from the day their newborn is handed over. In case of medical termination or accidental miscarriage, 12 weeks of leave can be taken, but medical proof is required.

What happens when someone resigns on maternity leave?

Paid maternity leave terms are typically specified in your employment contract or enterprise agreement. If there is no specific clause about repaying maternity leave benefits upon resignation, it’s unlikely you’ll be required to do so. However, it’s crucial to review relevant documents like your employment contract, company policies, or enterprise agreements for specific terms. If unclear, consulting an employment lawyer or HR department may be necessary. It’s essential to seek specific legal advice for your specific situation.