Resignation - Maternity Leave - CiteHR
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Hi
Kindly suggest
My company has asked me to pay recovery.
I was on maternity leave from Oct'10 to Jan'10 and extended my 3 months MT leaves till April'11, before extending my leaves i marked mail to HR and immediate boss prior one month (27 Dec'10).
Moreover my extended maternity leaves were till 25 April'11 and i have informed my immediate boss on 11 April'11 telephonically that as my baby is small and no body is here to take care, so want to resign. As suggested by my immediate boss i resigned on 25 April but now HR is asking me to pay recovery because i was on extended maternity leave (LWP) and has not given notice.
Pl. suggest as my intentions were not wrong and informed them prior and have not joined any competition.
Pl. also suggest as 2 months have passed so i can claim by PF and what is the process.
Regards
Jyoti

Jyoti,
The company can not make any recovery for the salary you have taken till Jan 10 under Maternity Leave. The granting of ML with pay is a statutory requirement and they can not take arbitrary decision. However, they have the right to deny the salary for the extended leave period. The company can not deny your PF also. If they so adament on recovery, you may approach the Labour commissioner under your jurisdiction.
Pon

Hi
Yeah! Company has paid salary till Jan and after that i was on extended ML which was leaves without pay.
As per them i have not given 30 months notice period and no written conformation and moreover i was on LWP therefore i have to pay the recovery. Pl. assist, in 6 months ML to serve written notice period is necessary, as have informed telephonically.
Regards
Jyoti

Jyoti,
In my opinion, Notice period is a must for smooth transition. In this case, since you are on ML and do not wish to continue owing to your baby health, only on compassionate grounds the waiver of NP can be granted. It will be better if you go personally and explain your condition and inability to continue in the job under the circumstances. Telephonic information may not be taken seriously.
Hope for the best.
Pon

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