Dear All,

We are currently in a fix for the below issue.

An employee who has been working for more than 3 years had availed maternity leave and all dues were paid properly as per the act.
She had asked for rejoining as well and we had informed that she can rejoin as per her convenience.
After a few days when we had followed up , she had asked for increment as well and now she is adamant that she will not join if not given growth.

We had given her one more week after that but she has not joined.

In this case , what do you think should happen.

Any suggestions.
19th June 2017 From India, Bengaluru

Dinesh Divekar
Business Mentor, Consultant And Trainer
Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Kritarth Consulting
/training & Development | Executive Coaching
+1 Other

Dear Abhi,

I sometimes wonder how the things work in few companies. A woman employee was on maternity leave. On completion of her leave she must report for the duty. You have written that "She had asked for rejoining as well and we had informed that she can rejoin as per her convenience." She can ask for extension of leave which is over and above maternity leave but even then also she must apply for certain number days and on completion of this period she needs to report for the duties. Where is the question of bargaining here?

When she started talking about annual increment, you could have told that maternity leave and annual increment are two separate issues. One has got nothing to do with another. Secondly, quantum of hike depends on the performance. How she can demand "X" percentage hike? What is the source of her negotiations power?

Send her official letter stating that she must report for her duties on completion of her extended leave. If she fails to report then it will be construed as per unauthorised absence and appropriate disciplinary action will be initiated against her. If she wishes to quit the company, she can do so however, she must complete required notice period failing which it will be considered as misconduct. For further queries, feel free to contact me.


Dinesh Divekar
19th June 2017 From India, Bangalore

Dear Mr. Abhi,

Grant of Annual Increment is neither an act of ex- gratis nor ever negotiable gain, rather it always and invariably an official acknowledgment of pre-fixed accomplishment of and acceptance of allotted Work -output for a given period of time.

Please explain the Principle of Grant of Increment - annual or periodic performance based reward, as it were) to the referred Employed Person along with the advice that she has been absenting from duty without proper permission/sanction of Leave of Absence which amounts to an Act of Misconduct for which she is liable to disciplinary action.

The Punishing Authority may issue ( in fact it is expedient to do so) to her a Letter by Regd Post AD asking her to report immediately to resume her duties failing which she would be liable to disciplinary action as per the Service Rules or the Standing Orders as the case may be.

Resolve the matter / issue now.
In case you require any other assistance, please speak with

Harsh Sharan,
Home | Kritarth Consulting Private Limited
20.6.17, Bengaluru
20th June 2017 From India, Delhi

idealhr 16
You can refer company’s policies and work according to that.
21st June 2017 From India, Bengaluru

1. Have you given increments to all other employees of the company? If yes then you must give her also as you have treat her at par with other employees. I am considering she is asking for her annual increment.

2. Because she was on maternity leave, it does not mean she is not eligible for increment.

3. If she has not joined, send her at least 3 letters through Registered A/D asking her to join her duty after her maternity leave.

4. If she does not join send her a show cause notice asking her to explain as to why her services cant be terminated.

5. If still she does not join, conduct an inquiry and take suitable action.

6. The above advice is based on the consideration that she comes under the category of a workmen as per ID Act.

7. If she is does not fall in workmen category then you need not send the third letter straight away send the third letter considering her action as abandonment of service. No need for conducting any inquiry.

8. Facts mentioned by you are incomplete.
23rd June 2017 From India, Thane

In Govt.service, the grant of increment is linked to the employees' presence on duty on the date the annual increment falls due. If the employee is on any leave other than casual leave, the monetary effect of increment would be from the date s/he rejoins duty.
24th June 2017 From India, Salem

Wish to Seek Join Service After Increment This is not the act which can be justified & comes under misconduct, disciplinary action should be taken as per norm intimate her first.
Thanks & regards,
Sumit Kumar Saxena
26th June 2017 From India, Ghaziabad

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