Left The Company Due To Maternity Complication Without Serving Notice Period - CiteHR
Saswatabanerjee
Partner - Risk Management
Rajanassociates
Legal Counsel
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Pranab.kumar
Administration & Hr
Vkokamthankar
Asst. General Manager - Hr
Anupama Sahoo
Hr Executive
Siva Balamurugan
Manager- Hro(statutory Compliance)
Pritha Pandey
Trainings
+1 Other

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Hi,
Some one in my close relative has asked me her problem which I am sharing with you all and expecting to get a valuable suggestion...
She left the company as she has some complication in her maternity....but she has informed the company by sending her resignation letter....
But due to her complicated pregnancy she couldn't serve her notice period....
Notice period for her is 3 months...But she had work for 28days on that particular month...
Since that period she hadn't ask for her salary and PF....
Is there any chance that she can collect her salary and get her PF amount...as the case is a maternity case...
Kindly suggest...
Thanks..

I am very sure the ompany should be considerate enough to ignore the notice period looking at the medical grounds.
I also faced the same issue and my company waived off the notice period.
She need to ask for it companies will not come forward with this ............
mangne par he kuch milta hai is duniya mein.............

She has worked for 28days... Is there any clause that in maternity no one can stop the person to leave the organisation???
Dear Anupama
Maternity or NOT, no one can STOP any person to leave the organization (we are not talking about any mafia company here !!). FORCIBLE EMPLOYMENT should not exist; civilization has come a long way.
As correctly suggested by Pritha Pandey; she should first request for waival of notice periiod, duly submitting copies of her medical reports.
There can be one complication - if the company is really benevolent, they may inform her that they are willing to wait till she is 'Fit' to join duty; in which case appropriate leave as admissible, shall be granted.
In the event the company does not acede to her request, she will have to forefeit the notice pay.
Warm regards.

Dear Anupama,
Please clarify as to whether the said employee was on Maternity Leave (12 Weeks admissible) while this complication in pregnancy arose.
If she was on Maternity leave then she can state with Medical records that she was unable to fulfill the notice period owing to the complications during the Maternity period.
If the employee is covered under ESI then the appropriate standard benefit rate will be paid to her during the period of Maternity leave. If she is out of the purview of ESI then she will be entitled for benefit under the Maternity Benefit act.
She can make a request to the employer to consider waiver of notice period on medical grounds and also submit the PF claim forms through the employer.
M.V.KANNAN

Dear Anupama,
Subject - Left the company due to maternity complication without serving notice period
As my senior Ms (Cite Contribution) had suggested in details is sufficient to waive off the notice period. Ask your relatives to submit the application accordingly.
Once she had worked for 28 days she is authorised to get the wages on pro-rata basis and also her PF amount.
If PF is registered with EPFO then after two month she has to submitt the papers for withdrawal or transfer according to the case.
If PF is registered with trust then automaticaly after two months she will get the withdrawal amount.
If she is willing to join the same organisation, that is up to them whether to take her on board or not.
REgards,
Pranab

Something does not make sense here.

Generally a company will not recruit someone who is already pregnant at the time of interview / recruitment. But this seem to be the case here. I am wondering if she informed the company or kept ot a secret. That alone may be grounds to dismiss the request. Recruitment is expensive and companies do not like to have people leave within a month.

If she is has worked for only 28 days and is on probation, many cases the notice period does not apply. Companies generally take dim view of anyone sending resignation while on leave, specially as it means that the handover would not have taken place.

The rules on preventing dismissal does not apply as the employee has resigned. Nothing in the act says that she has to be given full pay for not fulfilling notice period, I don't think the legislators considered that path (I guess they should have).

Pf is payable irrespective of other matters. No one can legally withhold payment of pf. In most cases its with epfo, so she needs to apply for it. But she will need to get the relevant forms signed by the company.

ya you are right, People please start asking (i.e. mangna) if you do not know please learn the same.
  • Very important and relevant point is raised by Mr. Saswat Banerjee and I agree with him.
  • She has served only for 28 days and has proceeded on leave. It is not clear whether she had applied for any leave and was it sanctioned.
  • With only 28 days service, I feel, she may not be eligible for any benefits under Maternity Benefits Act.
  • Now what she needs is a relieving letter and salary for 28 days. To get this she only needs to apply and argue that under the circumstances, she is not in a position to serve the notice period and same may please be waved. She needs to justify her claim by submitting necessary medical certificates.

Dear Anupama,
As per your information and the circumstances, yes she can get her due
salary in shape of voucher payment mentioning her all statutory deductions.
Normally in such case company has to pay, but her salary will not reflect in
prescribed pay sheet and her statutory diduction should be made through proper challans and related forms like Form No: 5 & 10 with form 12A.
After, she can claim her PF withdrwal.
This is for your information.
For more details you can contact
Thanking you
DEBAJIT ROY
Sr. Officer - HR


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