Asso.prof.(commerce & Management)
Rahul Chhabra
Hr Professional

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Hi everyone I worked in a company for 2 years and I had resigned whilei was in maternity leave.i had taken 5 months mat leave and as I knew I couldn't rejoin I had resigned as I had to take care of my baby and I still had one month maternity leave pending . So the hr told me I had to pay 2 months notice period amount and provided information required to complete exit formalities but I couldn't pay the amount on time and I lost access to my company email so this time I contacted hr team asking to send me the details so that I can pay the 2 months notice period amount however this time a new hr replied and said I had to pay 3 months amount and not 2 months and that the previous hr had given wrong information.
Here the issue is I didn't get my last month maternity benefit salary as I had resigned and the hr had not even informed me that if I resign my maternity benefit would end and I had to pay 3 months salary as well but the previous hr who replied to my email said the amount would be adjusted from my maternity leave amount and I had to only pay 2 months .Now it's been 2 years and I hadn't paid the amount and now I'm willing to join the company back also I m really not in a position to pay the amount and complete my exit formalities .Can someone suggest me what should be done or is there any chance that they would hire me again

From India, Pune
Dear Anony,
Maternity benefit is a statutory right and it cannot be recovered just because the employee failed to rejoin after its expiry or chose to end the service contract. As you resigned, you were only liable to pay the notice as per the employment terms and nothing more. what does your appointment letter say about notice?
I suggest you meet the management of the organization and propose your candidature for an appropriate position.
Rahul Chhabra

From India, Delhi
You people take things for granted and leisurely discuss as and when convenient. I may sound harsh but I wonder why & how many, that too educated lot can't do right thing and right time? You just now thought of resuming your career after 2 long years and your liabilities of unsettled NP. What stopped you discussing all your decisions when you were still on ML? Why didn't consult your colleagues/HR or friends before resigning. You said, you were actually into 5 months of ML when you resigned. If I'm right, you were entitled to 26 weeks of ML (roughly 6 months) you could have rightly availed full ML and followed up with/extended with other leave like sick leave if you weren't in a position to resume. Even if this extension was not possible you could have thought of 'LWP' till such time good enough to rejoin. Of course it cannot be undone now. OK you resigned, you should have settled the NP as stipulated in your terms & conditions of apptt. There is no logic in saying one HR says this the other one said differently. There is nothing to interpret if & when the terms are clear. None of us here will be able to say categorically whether or not you'll be taken back. May be or may not. We are only outsiders. You have to visit your HR and explore the possibilities. Mind you, you'll have to, in any case sort out NP issue before hand. By chance you already obtained a relieving letter or acceptance of resignation probably that might help you seeking a job elsewhere also. Try & make a beginning, be positive. All the best.

From India, Bangalore
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