Separation/Termination while on overdue Maternity Leave

Hi all:

One of our female employee went on Maternity leave from 1st june, so twelve weeks complete by 22nd August. after which she took one month more leave (asking for maternity illness) so allowed till 22nd Septemebr...
After several notifications, we got her maternity documents on 11 Oct (that too doctors certificate similar to medical certificate which we produce when we take medical leave of 2-3 days...so no proper documents)... and now its one more month 22nd Oct...and their is no proper date from her when she will be back...also when she was working with us, their was issue of her non-performance....

Please suggest, let me know if any legal obligations will arise if we terminate her (since as per law it says employer cant terminate employee while on maternity leave)...but her leaves got completed long back...

Seniors please reply...

Thanks
Gladys

Hi Gladys

There is no legal obligation if you have mentioned in the term & condition of the employment that in case any employee remains on leave without any intimation for a certain period he/she will be terminated from employment. If this is not mentioned in her appointment letter then my advise is as follows:

As she has completed her leaves ( maternity & others) you can issue her a show cause notice stating that since you have completed your leaves why you can't be terminated from your employment. You can give her 15 days to post her reply.

If you are not satisfied with her response you can terminate her employment with immediate effect stating that you are not satisfied with the reply and also please note if she is in key position please release a press note that she is not working with us so in case any person deals with her it will be at his/her own risk.

Hope this will help you.
Thanks

Dalip Bisht

Thanks Dilip

__________________
Thanks & Regards
Gladys