Dear Superiors & Friends, This is to notify you that i need the solution for one issue faced by me in relieving special case employee ie
She is on maternity leave from Sep 16th2020 to march 16th 2021 but she put her resignation on 11th Feb, stating that she needs to get it relieved at the earliest.
What should I do, as per company policy notice period is 90 days? we paid her salary till Jan month. It's an IT Company.

From India, Chennai
The noteworthy point here is that it is the employee who wants/insists to leave in the middle of her maternity leave whereas the employer is still prepared to pay her salary till the end of her leave. Thus when the separation during her maternity leave is at her instance only, after it takes place, the question of payment of salary beyond the date of separation does not arise. But, in this scenario, the fulfillment of notice condition so as to make her exit effective from the date of her choice is a separate issue to be decided strictly as per the terms of the contract of employment. Legally, she has to buy out the notice period of 90 days while the employer has to pay her leave salary up to the date of her relief.
From India, Salem
Hi Vicorres,
I am assuming that all the policies in relation to maternity leave and Exit would be in place, here the employee herself is requesting to get relieved from the services before her ML ends hence we cannot force her to stay as their may be her own personal reasons post maternity. Looking at the notice period clause of 90 days she will be required to either serve the same (WFH) or forfeit as company has followed all the rules in terms of supporting her during maternity and she is also expected to do the same. As you have mentioned that the company has already paid for 4 months out of 06 months, she is now required to pay for 01 month as the other 2 months from notice period could be adjusted from the maternity leave.

From India, Mumbai
rkn61
462

The woman employee is on maternity leave from 16/09/20 to 16/03/21 (six months) and company paid salary upto Jan 21. But on 11th Feb 21, she has put her paper requesting for relieving.
As the company policy speaks about 90 days NP for seeking separation by employee, the same condition applies to this woman employee also. Hence the period from 11/2 to 16/03/21 (around 34 days) could be adjusted against her maternity leave and for the balance 56 days, either she has to work at Office or she need to pay back salary to the company, for seeking separation.

From India, Aizawl
I would request M/S Ekta and R.K.Nair to substantiate their contention that the employee on maternity leave is to be paid the whole maternity benefit despite her resignation in the middle of the leave.
From India, Salem
rkn61
462

I do agree with Umakanthan sir. As the employee resigns in the middle of her maternity leave , date of commencement of maternity leave upto date of acceptance of resignation letter, need to be considered as Maternity leave. In her case, 16/09/20 to 11/2/21 (presuming 11/2 is the date of receipt of resignation letter) shall be her maternity leave, though the company had already approved ML from 16/09/20 to 16/3/21.
Due to her prevailing condition, she will not be able to work during NP, though she is bound to give NP. Hence only alternative left with her, is to buy out NP.
-

From India, Aizawl
The employee can avail a benefit under the statute from the employer as long as employer & employee relation is existing.
In the instant case the employee has to pay in lieu of notice (buy out 90 days) for her separation from the services. Inform the employee that her last working day would be 17/03/2021 and her payment under MB for month of February to March 16 will be adjusted against notice period and she needs to pay for rest of the period. Do not fall into the pray of the employee allow her to exit after the MB leave exhaust. By doing so you would comply with both in a hassle free manner and would not fall under violation and is purgative of employer decide the date.

From India, Mumbai
Thanks a lot from bottom of my heart to get the valid reply from ALL who have answered to my query. Thanks Vidhya
From India, Chennai

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