Manojkamble
Sr. Hr Executive
Jyothi1
Asst.manager-hr
Srinath Sai Ram
Hr Manager

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Hi,
One of our employees went on a maternity leave and after 60 days, she has resigned stating personal reasons. Is she eligible for maternity leave benefits? Can we recover the salary paid to her during maternity leave period? As per policy, she has to serve one month notice but as she is not complying, can we ask her to pay 1 month notice pay recovery? Would need suggestions on this.
Thanks,
Jyothi
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Hi Jyothi,
Once an employee completes 165 days or more become eligible for maternity as per the Maternity Benefit Act. She went on maternity leave and during which she resigned.
Firstly reasons for resignation: Possibilities could be:
1. Not able to balance work-life.
2. Health reason.
3. Family pressure to take care of the new born.
On these grounds company can extend the support to her with work from home / sabbatical leave for couple of months with LOP. If not on due consideration she should be relieved from services without any pay recovery as it is a maternity case.
Regards
Chandana Hyma
AVP,HR
Dear Jyothi,
As per maternity act any women work for 80 days in 12 months immediately preceding her date of Delivery is entitled for Maternity leave. Payment made under Maternity Leave can not be recovered even in case of resignation after completion of Maternity Period.
Also, for your second question the answer will be "YES", you can surely ask for 1 month notice period recovery amount if mentioned in the appointment letter after adjusting of dues entitled to her. Dues it means, any legal dues such as Bonus amount, Leave Encashment etc.
Dear Jyothi,
The question of recovering Payment made in lieu of The Maternity Benefit Act, 1961.However, as per the Terms & Conditions of Appointment Letter, mutually agreed & accepted, Notice period Salary can be recovered.
Dear Jyothi,
The question of recovering Payment made as per The Maternity Benefit Act, 1961 does not arise.However, as per the Terms & Conditions of Appointment Letter, mutually agreed & accepted, Notice period Salary can be recovered.
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