Query On Maternity Leave [Thread 265815]

If a woman employee resigns after availing maternity benefits the company can not take any legal action because the Maternity Benefits Act is silent in this regard. Though the Industrial Disputes Act makes it obligatory on the part of the employer to give notice or pay in lieu for retrenching any worker, there is no provision which makes it mandatory for the employee to serve notice if he wishes to resign. Certainly, if she is not an employee as per definition of ID Act or is a supervisory or managerial staff, the contract of employment will be the deciding document. Still in such cases, who will be interested to go for legal hassles especially when the opposite party is a woman who is always protected by law?
Regards,
Madhu.T.K

Hello Mr. Madhu,
We also gave similar justification to our management but still they feel that if the lady employee does not turns for work then her PF should not be processed from the company side and then she should be compelled to either serve the notice period or pay the notice amount. Is it Justified??
Regards,
Supriya

Dear Supriya,
Please handle this situation as you handle any other employee who absconds. Once her entitlement is over, she is supposed to join, or send in any communication. In your case, she has jus absconded from service. Unauthorised absence is a misconduct per se. Go ahead and terminate her from service.. All the apex court rulings are on your side :)
regards
S K Biswal
e Prompt Management Solutions

HI
In this case she could easily prove that she is not in condition to attend the duties and thats why she was avail the PL ( because she was already on maternity leave)& now your management said that they are not going to procees her PF.You have aware your management that what will the problems they have to face in future if they wont process her PF.Regarding that whats next if she launch a complaint against your company?Even the PF office can set any enquiry against your company if you wont process her pf.Feel free to revert if any
Regards
Ravi

Dear Supriya,
You can not hold the PF of any employee. Even if you do not sign the form 10C and form 19 (PF withdrawal forms) she/ he can get the balance to the credit of PF by sending the forms directly without signature of the employer. It will then be the EPF Office which will be giving you direction to send form 3A and break certificate of the concerned employee and you will have to follow it.
Dear Biswal, can I get a citation to any case law from the Apex Court or at least a lower court which has upheld the employer's decision to hold the PF or other dues of a woman employee who did not report back to duty after her maternity leave? If available please send it for our reference.
Regards,
Madhu.T.K

Reply to Supriya's query.....
- Maternity Leave and PL are individual's entitlement and continuing the service after ML & PL is her will and wish. We can not force her to continue her job or take any action against her.
- I am confident on my reply. If I am wrong or any correction, I request advise from the forum.
Regards,
P Mohan Gandhi

Dear Madhu Ji,
I have not mentioned that PF can be with held or not processed. I had only advised to terminate the employee for unauthorised absence. In no case PF can be with held. I aplogise if my answer was ambigious
regards

I think Mr Raj Kumar Hansda rightly explained the matter and it is not the case of miscariage. She is entitled for requisite period of leave as per M.B. Act