How Should HR Handle Notice Pay Recovery for Resignation During Maternity Leave?

Hello All, I am working with a privately held software company. One of our female employees resigned during her maternity leave due to some unavoidable situations. My management is now asking me to recover notice pay from her as per policy. I know serving notice is mandatory for many reasons. In her case, the project she was working on got stopped. However, since she was paid for maternity benefits, management is asking to get back their money. She might be ready to pay money in lieu of short notice. However, I would like to know if there is any policy or procedure in HR to handle such a situation.

Expecting suggestions...

This is a real dicey situation! Since when has she been on leave? The notice period begins the day she resigned. Hence, you might only recover for the remaining working days. She is most likely to appeal on humanitarian grounds. However, I have a question. If she was already on leave, have you not allocated another talent to the project? How does her absence impact when it was declared that she wouldn't be available anytime soon?

Looking forward to hearing from you.

Resigning During Maternity Leave

There is no restriction on resigning while on maternity leave. However, regarding the waiver of the notice period, it is at the discretion of the employer. It is advisable to approach the concerned party with a request, explaining the difficulties.

From your post, it seems to me (correct me if I am wrong):

1. She has resigned while on maternity leave and after availing (as advance) all maternity benefits from the company.

2. She may not be averse to reimbursing the company for the short notice period.

3. She is not okay with paying back any of the maternity benefits accrued to her even though she has resigned midway or at the beginning of the maternity period and is not in the mood to settle on a pro rata basis.

4. Management wants to recover the part not accruing to her but paid in advance.

5. I assume here the maternity period has only just begun (pre-delivery).

My Suggestion:

1. Send her a notice asking for payback for the short notice period.

2. If she has availed benefits in advance, ask her to reimburse the company (in the same notice) for the portion that may not be accruing to her due to her resignation.

3. If she pays back money in lieu of availing benefits which are not yet due but which she has availed in advance - very good.

4. If not, do not persist with notices and cases, etc., as there are a lot of advantages under the law for a woman under these circumstances (you cannot force the issue in your favor).

5. Consider the woman as one not worth her salt.

6. As for work stopping due to this lady being on maternity leave, surely as suggested by others, you must have thought over this exigency.

Hope this helps.

As she is leaving the job during maternity, it may be due to health problems. In my view, you can waive the notice period for her, accept the resignation, and relieve her from duty without recovering the notice period.