Once the lock out or closure procedures as per section 25FFA are carried out and compensation as per section 25F or 25N are paid to all employees, the question of one employee who is on maternity leave alone will not arise. The employer cannot keep the company open till she returns to duty when it happens after some 26 weeks. Therefore, once closure notice is sent, it will cover all employees including those who are on leave. After the closure is over, there will not be any company which will pay monthly salary to one person who is on maternity leave.
Yet I don't find any legal battle being made in such a scenario which can be quoted as an example. But I believe that maternity leave being a leave admissible to pregnant women only and that it cannot be demanded when the woman is not pregnant or has had no child birth, the same is available while in service and once the company has wound up the question of leave will not arise. Otherwise there should be some provision that un availed maternity leaves can be encashed as it is the case with privileged leave or some other leave which are to be paid along with other amounts at the time of settlement subsequent to closure of the company. It should also be noted that in case of death of the woman before receiving the maternity benefit, the employer is under an obligation to pay the legal heirs the amount equal to the benefit. A similar provision is not available because it is admissible while in service.
Madhu.T.K
From India, Kannur
4193Yet I don't find any legal battle being made in such a scenario which can be quoted as an example. But I believe that maternity leave being a leave admissible to pregnant women only and that it cannot be demanded when the woman is not pregnant or has had no child birth, the same is available while in service and once the company has wound up the question of leave will not arise. Otherwise there should be some provision that un availed maternity leaves can be encashed as it is the case with privileged leave or some other leave which are to be paid along with other amounts at the time of settlement subsequent to closure of the company. It should also be noted that in case of death of the woman before receiving the maternity benefit, the employer is under an obligation to pay the legal heirs the amount equal to the benefit. A similar provision is not available because it is admissible while in service.
Madhu.T.K
From India, Kannur
Dear Srinath Sir,
Surely She is Eligible for 26 weeks benefit, But after closure of company itself she will not be the employee of that company then why the company will pay for single day leave. I may be thinking this simply and logically. I am not even sure if it is the liability on the company to pay the full benefit on the leave after closure.
Also to answer Mr. Rajawat's question, that is the reason company is asking for resignation because they cant give relieving without resignation.
Thank YOU.
From India, Pune
Surely She is Eligible for 26 weeks benefit, But after closure of company itself she will not be the employee of that company then why the company will pay for single day leave. I may be thinking this simply and logically. I am not even sure if it is the liability on the company to pay the full benefit on the leave after closure.
Also to answer Mr. Rajawat's question, that is the reason company is asking for resignation because they cant give relieving without resignation.
Thank YOU.
From India, Pune
Dear Mr Aniket,
As already mentioned at the time of commencement of Maternity Benefit Company was existing.Consequently, Employee is liable for Full benefit irrespective of Closing down of company.We are not sure why company is closing its operations.Consequently, the question of Employees submitting their resignation does not arise.Consequent to closure of Company, Employees service also comes to an end.
From India, New Delhi
As already mentioned at the time of commencement of Maternity Benefit Company was existing.Consequently, Employee is liable for Full benefit irrespective of Closing down of company.We are not sure why company is closing its operations.Consequently, the question of Employees submitting their resignation does not arise.Consequent to closure of Company, Employees service also comes to an end.
From India, New Delhi
Srinath Sairam has said that employee is eligible for maternity benefits irrespective of closing down of the company. At the same time he also says that consequent to closure of the company, the employees' services also comes to an end. In my post I have mentioned that once procedures as per section 25FFA (closure under ID Act) are followed, the operations come to an end and it will cover all employees who are on leave. Can you say should the employer is under any obligation to wait till one employee who is under maternity leave to complete her leave to close down his establishment? Should the employer keep open the doors of the establishment without any work and at the same time paying wages to the workers till one employee returns after maternity leave? If so, if say when she is about to join back, another employee takes maternity or Privileged leave, again the employer should wait for yet another 26 weeks or till the PL is over?
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear ANNONYMOUS,
In my view, the company is in gross violation of Law. It engaged in unfair labour practices.
The company wants to close down its business activity without following due process of law but by asking employees to resign on their own accord.
What other employees have done? Have they resigned and gone on their own accord?
Once your wife also resigns on her own accord, she has to forgo her maternity benefits.
In my view, if employer declares retrenchment during maternity leave, the employee women should be paid with full maternity leave.
I suggest, you / your wife should make a representation to the employer and ask for full maternity leave, maternity bonus amount, compensation in accordance with section 25F of ID Act and other legal dues as applicable.
From India, Mumbai
In my view, the company is in gross violation of Law. It engaged in unfair labour practices.
The company wants to close down its business activity without following due process of law but by asking employees to resign on their own accord.
What other employees have done? Have they resigned and gone on their own accord?
Once your wife also resigns on her own accord, she has to forgo her maternity benefits.
In my view, if employer declares retrenchment during maternity leave, the employee women should be paid with full maternity leave.
I suggest, you / your wife should make a representation to the employer and ask for full maternity leave, maternity bonus amount, compensation in accordance with section 25F of ID Act and other legal dues as applicable.
From India, Mumbai
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