Dear Seniors,

One of our female employees has taken maternity leave and she is eligible for ESI. Now she is continuing her leave even after maternity leave is over. Almost 8 months have been completed.

If she comes back to the office, what is the procedure? Will she rejoin as fresh or continue her service? How many months of leave is she entitled to? Is there any special act that applies, such as after 90 or 120 days of her leave, regarding the continuation of her service or rejoining?

Please clarify as soon as possible.

Regards,
Venkat

From India, Hyderabad
Acknowledge(0)
Amend(0)

Dear Rao, There is mention of leave of Maternity is 90 as per the ESI Act 1948 and she will be rejoin in yur company Virender Singh HR . __________________
From India, Chandigarh
Acknowledge(0)
Amend(0)

Dear Venkat,

Kindly send an unauthorized absence letter to her and ask her to rejoin within 24 to 48 hours. Since she is on ESI leave, if she has any ESI doctor's prescription for leave extension, then you cannot remove her from your rolls. Therefore, before terminating her employment, please send an official letter to her home address.

Ratikanta Rath

From India, Durgapur
Acknowledge(0)
Amend(0)

Hi Dear,

Let me tell you that nobody can terminate any lady employee if she is on Maternity leave. You just need to give notice about the reason for absenteeism or for joining as soon as possible. Give at least 3 notices, and if there is no response from her, then the last notice should inform her that the job will be terminated. No mental pressure should be applied. Kindly understand the issue and then react to it.

From India
Acknowledge(0)
Amend(0)

Hi there,

One of my female employees is on maternity leave, and my organization has completed all the procedures required by their end. However, the employee is now denying to rejoin. Can we take any action against her?

From India, Pune
Acknowledge(0)
Amend(0)

CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.