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One of our associates wants to resign and serve notice whilst on Maternity Leave. Is it OK as per labour laws to do this?? Does the law allow you to serve notice period whilst on maternity leave?? She will not be reporting back to work post maternity leave. Kindly only advice on the legal aspect of this!!
From India, Mumbai
Dear Praful,
Serving the Notice period is company internal cause & for the same, she has to be physically present & work during notice period, but in the same way, law (Under the Maternity Benefits act OR ESIC,) respective of any act. doesn't allow to work during the maternity period.
Therefore, i would advise you that, your company cause is nothing more than the law & also, as l believe company has reserved the rights of ignore such clause in special cases. in such case, company should ignore the notice period as special case or on medical ground.
Let her enjoy the benefits, once she get well, ask her to serve notice period.

From India , Mumbai
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