# Can a company advise its women employees to resign if it is unable to pay maternity benefits! **URL:** \ **Category:** General Discussions\ **Created:** [August 17, 2022, 6:07am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808 "2022-08-17T06:07:53Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Chitra](https://avatars.discourse-cdn.com/v4/letter/c/3be4f8/32.png) [@Chitra](https://community.greythr.com/u/Chitra)\ **Post date:** [August 17, 2022, 6:07am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808/1 "2022-08-17T06:07:53Z")
Hi, if the company is unable to pay maternity benefits. Is that advisable, if the company advises its women employee to resign the job for maternity period and join again after 3 or 6 months as an new employee? Will that be ok? ---
**Author:** ![Bhuvana\_Anand](https://sea2.discourse-cdn.com/flex024/user_avatar/community.greythr.com/bhuvana_anand/32/4444_2.png) [@Bhuvana\_Anand](https://community.greythr.com/u/Bhuvana_Anand)\ **Post date:** [August 17, 2022, 6:20am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808/2 "2022-08-17T06:20:18Z")
Hi Chitra, This is not a recommended practice and may constitute an act contravening the provisions of law. The maternity benefits is a beneficial piece of law to ensure women employment, balancing their physical and mental welfare during pregnancy. The law expressly prohibits terminating a pregnant woman from employment during her pregnancy to prevent the employer escaping from passing the benefits to her. A defense of re-employment is quite weak before the statutory authorities or court for the reasons that: (i) the employer terminated or compelled the pregnant employee to quit the employment to avoid providing her with maternity benefits (a clear violation of law), (ii) intentionally broke the continuity of service as well. Regards, Bhuvana Anand ---
**Author:** ![sudeep](https://avatars.discourse-cdn.com/v4/letter/s/71e660/32.png) [@sudeep](https://community.greythr.com/u/sudeep)\ **Post date:** [August 17, 2022, 6:36am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808/3 "2022-08-17T06:36:33Z")
NO it is never recommend to do so ---
**Author:** ![Durga](https://avatars.discourse-cdn.com/v4/letter/d/2bfe46/32.png) [@Durga](https://community.greythr.com/u/Durga)\ **Post date:** [August 17, 2022, 6:46am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808/4 "2022-08-17T06:46:25Z")
What will will maternity benefit pay to the employee . Can anyone tel. 1. Materinity Period as per Karnataka Act 2. Salary to be paid during maternity leave- Is it on Basic / Full Salary 3. Can employee resign immediately after maternity leave 4. From when can employee take maternity leave Regards, **Durga Devi .K** GM- HR & Finance Hand Phone: +91 7338467029 **“Action is the foundational key to all success.”** ---
**Author:** ![mohanjacob](https://avatars.discourse-cdn.com/v4/letter/m/65b543/32.png) [@mohanjacob](https://community.greythr.com/u/mohanjacob)\ **Post date:** [August 17, 2022, 6:46am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808/5 "2022-08-17T06:46:41Z")
The employee is entitled to refuse to resign. ![image001.png](https://us1.discourse-cdn.com/flex024/uploads/greytip1/original/2X/7/7641473698d3117b12bdcceaccc7c981b5a3d133.png) ---
**Author:** ![payofkoc](https://avatars.discourse-cdn.com/v4/letter/p/74df32/32.png) [@payofkoc](https://community.greythr.com/u/payofkoc)\ **Post date:** [August 17, 2022, 6:49am UTC](https://community.greythr.com/t/can-a-company-advise-its-women-employees-to-resign-if-it-is-unable-to-pay-maternity-benefits/5808/6 "2022-08-17T06:49:55Z")
No, it is not at all acceptable …