Navigating Termination After Extended Maternity Leave: Legal and Ethical Considerations?

Hi all,

One of our female employees went on maternity leave from 1st June, so twelve weeks were completed by 22nd August. After that, she took one month of additional leave (citing maternity-related illness), which was allowed until 22nd September.

Despite several notifications, we only received her maternity documents on 11th October, which consisted of a doctor's certificate similar to a medical certificate typically provided for short medical leaves of 2-3 days. Hence, there are no proper documents submitted. Now, it's another month, 22nd October, and there is still no definitive date from her regarding her return. Additionally, during her tenure with us, there were performance issues.

Please advise on any legal obligations that may arise if we terminate her employment. It's worth noting that the law states that an employer cannot terminate an employee while they are on maternity leave; however, her leave period has long expired.

Seniors, your input on this matter is appreciated.

Thanks,
Gladys

Hi, Gladys. There is no legal obligation if you have mentioned in the terms and conditions of the employment that in case any employee remains on leave without any intimation for a certain period, he/she will be terminated from employment. If this is not mentioned in her appointment letter, then my advice is as follows:

As she has completed her leaves (maternity and others), you can issue her a show cause notice stating that since you have completed your leaves, why you can't be terminated from your employment. You can give her 15 days to post her reply. If you are not satisfied with her response, you can terminate her employment with immediate effect stating that you are not satisfied with the reply. Also, please note, if she is in a key position, please release a press note that she is not working with us. So, in case any person deals with her, it will be at his/her risk.

Hope this will help you.

Thanks,

Dalip Bisht