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sona-shilpi-gupta
Hello ,
Good morning to all

My query is -If any employee is on maternity leave and she extend her leave for 2-3 months ,but she didn't given any resignation and employer is also didn't given any termination but employer left that employee in their payroll (Database) system .


After 4 months employer wants to rejoin that candidate .In this case employer should provide new offer letter and and re joining formalities to employee or she will be consider as existing employee.


Kindly advice-


Thanks & Regards
Disha Gupta
HR Manager (Talent Acquisition)
9311712506

From India, Ghaziabad
vmlakshminarayanan
920

Hi,

Once removed from the payroll of the company for subsequent joining employer should consider her as new joinee only and cannot treat as existing employee. New employee no with new file to open.

But in the absence of resignation letter from the employee & without any termination letter how she was removed from the payroll of the Company?

For maternity cases even after 182 days if the employee is extending the leave employer should consider it after getting proper medical documents. Removing from rolls during that period is not right.

From India, Madras
KK!HR
1530

It appears, the employer has terminated the services of the employee as her name is not there in the database of active employees. If that is so, then a fresh appointment order is to be issued and for all purposes, this will be a new employment starting now.
However, if there is no termination of services then the employee can be permitted to join back in the post & pay last held by her.

From India, Mumbai
srivastavacmlal
125

Dear Citehr Member Ms Disha Gupta,

1. Your query is welcome for seeking clarification on the issue raised by you.

2. When the employee extended her leave what decision was taken on the leave application? If no leave application was received from her why a notice for joining the duties was not given to take further action of termination if she did not respond/join?

3. Deletion of name from payroll database does not mean the employee stands terminated unless due process is followed.

4. In case the Employer desires to have her services there is no bar to allow her to rejoin. Her past service would not be forfeited. A decision will be required to be taken for the extended leave duration as per the Leave Policy of the Company. The leave can be sanctioned against the accumulated/due leaves, leave can be LWP or it can be of any other kind of leave as may be defined in Leave Policy.

5. Re-employment as a new employee would not be a justified course of action.

6. You are welcome to have further clarification, if you need any, at the below contact details.

With best wishes and regards,
Chandramani Lal Srivastava
Master Consultant - HR/IR/Women Welfare Laws/Vigilance/Tenders/Govt. Departmental Disciplinary Matters

9315516083
New Delhi/Friday/14.04.2023/9:36 am

From India, New Delhi
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