Navigating Maternity Leave Extensions: How to Handle an Employee's Extended Absence?

Dear All, I kindly request your urgent assistance in drafting an application for disciplinary action against the employee who has been on maternity leave but has failed to return to the office after exhausting the allocated leave.

Compliance with the Maternity Benefit Act of 1961

To comply with the Maternity Benefit Act of 1961, what necessary actions should I take regarding her failure to rejoin the office? Although she has requested an additional three months of leave to care for her baby, the company is unable to accommodate any further extensions.

In response, we expressed our concerns and urged her to rejoin the office promptly.

Your very urgent help on this matter is needed.

Regards,
Gajraj

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Before Initiating Disciplinary Action

Before you initiate disciplinary action, make sure that the employee is truly facing a problem that warrants an extension of maternity leave. If she requires leave due to reasons connected with delivery, the Maternity Benefit Act empowers her to take one more month's PAID leave on medical grounds. Therefore, if during the inquiry she produces a certificate stating that her absence was due to medical grounds connected with delivery (which is easily available), she will win the battle.

Steps to Take if Leave is Not Genuine

Now, if you are certain that she is not seeking an extension on genuine grounds, issue a letter stating that the approved leave has already been exhausted, and she should return to duty within two to three days. If she does not report, then issue a show-cause notice asking her to explain why disciplinary action should not be taken against her for abstaining from duty. Instruct her to respond to the notice within two to three days. Wait for a reply and decide on further courses of action.

Drafting Letters According to Standing Orders

If you have certified standing orders, you should draft the letters in accordance with those orders. For example, if the Standing Orders specify that an employee should be given three days to reply to a notice, providing only two days could invalidate the inquiry.

Regards,
Madhu.T.K