Saswatabanerjee
Partner - Risk Management
Ravi5554
Asst.manager -hr
+1 Other

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Dear Seniors,
Greetings!
Recently one employee has resigned after availing 89 days maternity leave and 3 months leave without pay. My query is "Should we ask her to pay for the notice period, as it is clear that we cannot ask her to serve notice period in this condition (extension of maternity leave).
Looking forward to hear from you ASAP.
Thanks and regards,
Aparna Singh

From India, Delhi
Hi,
Hi Any way for her first 84 days you paid the salary to her, now she extended the leave for 3 months so she will not get anything for that 3 months.
Now tell her to resign her job and survive her notice period, in case she is not ready to be in notice period then yes afcouse you just recover the money for notice period and till that time don't do F&F Settlement.

From India, Mumbai
Aditya,
The company is not asking her to resign.
The employee has resigned after availing of Maternity Leave.
Since there is no salary pending, so how do you recover it ?
To the best of my knowledge, such employees are not going to bother to pay.
You can not hold back PF or Gratuity or Experience Certificate for settling notice pay (at least not legally)

From India, Mumbai
First of all thanks for your response.
But my query is "whether we can send the recovery letter to her regarding payment against short notice period."
Is it within the law?
Thanks and regards,
Aparna Singh

From India, Delhi
Yes, you can send a recovery letter Nothing in the law says the person taking maternity leave does not have to give proper notice when resigning from the company.
From India, Mumbai
Hi, When she will transfer her PF else in Withdrawal defenetly she needs your assistance so in that case you just hold her PF for the reason of Shortfall of notice period.
From India, Mumbai
Holding back PF, refusal to transfer or sign the requisite forms is an offence under the act.
It is therefore a bad practice.
Incidentally, the employee can always withdraw / transfer without approval of the previous employer. Procedure for that has been discussed many times in this forum.
In addition, I believe in case of a complain, the PF commissioner can impose penalty on the company for harassment and refusal to complete the forms. Not sure if it amounts to criminal complaint of harassment, but definately fines can be imposed.

From India, Mumbai
You can’t deny any of her statutory dues. Declining the same is an offence. This has to be paid to the employee.
From India, Bangalore
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