Navigating Extended Maternity Leave: How Should We Handle Rejoining and Service Continuation?

Dear Seniors,

One of our female employees has taken maternity leave and she is eligible for ESI. Now she is continuing her leave even after the maternity leave is over. Almost 8 months have been completed.

Rejoining Procedure

If she comes back to the office, what is the procedure? Will she rejoin as fresh or continue her service? How many months of leave is she entitled to? Is there any special act that applies, such as after 90 or 120 days of her leave, regarding the continuation of her service or rejoining?

Please clarify as soon as possible.

Regards,
Venkat

There is mention of maternity leave being 90 days as per the ESI Act of 1948, and she will be rejoining your company.

Regards,
Virender Singh
HR

Kindly send an unauthorized absence letter to her and ask her to rejoin within 24 to 48 hours. Since she is on ESI leave, if she has any ESI doctor's prescription for leave extension, then you cannot remove her from your rolls. Therefore, before terminating her employment, please send an official letter to her home address.

Regards,
Ratikanta Rath

Let me tell you that nobody can terminate any lady employee if she is on maternity leave. You just need to give notice about the reason for absenteeism or for joining as soon as possible. Give at least three notices, and if there is no response from her, then the last notice should inform her that the job will be terminated. No mental pressure should be applied. Kindly understand the issue and then react to it.

One of my female employees is on maternity leave, and my organization has completed all the procedures required on our end. However, the employee is now refusing to rejoin. Can we take any action against her?