Maternity Leave Dilemma: How Can Employers Handle Resignations After Benefits?

I have come across cases wherein employees who go on maternity leave and benefit from the Maternity Act do not return to work after claiming the benefits and instead resign without reporting back to work. What does the law say about such cases? How can an employer deal with employees who receive benefits but do not return to work?

Regards,
Lavanya

How can an employer deal with such employees who end up providing benefits to the employees and not having them report back to work?

Look, it's a benefit given by the employer, which is a social obligation on their part. So, do not see the matter with such sentiments. Don't think it's the benefit that will make them return. It's their right, not an obligation. But from the employer's side, it's an obligation; that's the catch.

Service Rule Clauses

Now, you should have an appropriate clause stated in your service rule book or in the appointment letter itself about resigning from employment. For example, the employee has to serve a notice period for 1/2/3 months or pay an equal amount of salary, or any other legal clauses. However, from the maternity benefit viewpoint, there are no such clauses in the act that state you can stop any beneficiary from leaving your contract of employment.

Entitlement to Benefits and Notice Requirement

It is rightly said that she is entitled to receive benefits. However, at the same time, she must serve a notice as per the terms and conditions of her appointment.

Regards