i am a senior resident doctor in a government hospital. working on a yearly contract basis. i shall not be able to join back after maternity leave as i have no place to leave my baby. i recieved 6 month maternity leave.. if i resign shall i have to return 6 months maternity pay or only one months in lieu of notice period. Thanx
From India, Mumbai
1From India, Mumbai
Paying back maternity benefit will amount to forfeiture of those benefits. It is property which has been earned by you and cannot be forfeited except in accordance with law.Forfeiture of maternity benefit can be done only under section 18 of the Maternity Benefit Act whereby if a woman does the work during the period she has obtained authorized absence in respect of the maternity benefit. Notice period or payment of wages in lieu thereof and maternity benefit are different criterion. So you may have to pay one month's wages in lieu of notice period only.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
After completion of your Maternity Leave, report on duty and explain your situation to them. In government sectors crèche facility are available, if nothing works out then you can resign by paying one month notice period as per your termination clause. As mentioned by Mr. Sushil Maternity Benefit is nothing co related with your resignation and the Maternity Benefits cannot be forfeited or denied.
From India, Ahmadabad
From India, Ahmadabad
She need not report for duty even as she can submit an application in advance, if she feels like, requesting for paying notice period pay on completion of her maternity leave. It takes time in government to process this application even.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf