Robin Masih
An Employee Availed Maternity leaves as per the tenure or as per the maternity act and then she Absconded, not responding to calls and reporting to office, what are the options to employer has in such condition. Can employer ask for salary return given during maternity period.


From India, New Delhi
Doctor Siva Global Hr
Assistant Manager-hrd


Dear Colleague,

Maternity Benefit provided for a Women Employee after she renders the stipulated service with an organization is a kind of Statutory Benefit / Social Security Benefit/ Social Obligation on the part of the Employer. She becomes eligible by fulfilling the necessary number of days of worked done in an organization prior to proceeding on Maternity Leave. Legally there is no provision to recover the benefit extended if she is not joining back and it is an expenses to the employer with is inevitable and legally it can not be recovered back for the reason that she had not joined back. There could be valid reasons whey some one is quitting employment - medical reasons- not able to balance post medical aspects are to be studied and only a positive approach will bring back such talents if they are really good. In fact it is understood that the cost is a burden on the Management but just like PF, ESI and so on can not be recovered back if some one is going on leave and not joining back as it is deposited to Government Bodies. Similar attitude is the only option in such scenarios. Morally the employee should respond back and it is professional ethics too which depends on the individual and their experience with organizations.

In short there is no provision under the maternity benefit act to recover back the benefit given if some one is not joining back after maternity leave.

From India, Chennai

You can not recover the salary paid for maternity benefits. only you can do is, if her appointment order states that she should serve the notice period or should pay salary for 1 month or 2 months whatever the clause says in the appointment order. you can ask for that.
From India, Hyderabad

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