Resignation During Maternity Leave [Thread 499665]

Hello All,
I am working with privately held software company. One of our female employee 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 which she was working got stop, however since she was paid for maternity benefit, 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, is there any policy or procedure in HR to handle such situation.
Expecting suggestions..

Dear Milind,
This a real dicey situation!
Since when have she been in the leave ? The notice period begins the day she resigned. Hence you might recover only for the remaining working days.
She is most likely to appeal under humanitarian grounds.
However I have a question. If she was already in the leave, have you not allocated another talent to the project ? How does her absence impact when it was declared that she would n't be available any time soon.
Looking forward to hear from you

There is no bar for resigning while on ML, but reg.waiver of notice period, it's the discretion of the employer. Better approach the concerned 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 short notice period

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

4. Management wants to recover (the part not accruing to her put paid in advance)

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

My suggestion:

1. Send her a notice asking for payback for 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 favour)

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 may be due to health prob lems.
In my view you can waive the notice period for her and can accept the resignation and can relieve her from duty without recovering the notice period.

Thank you all for guiding me to take decision.
Can pvt. companies also start practicing like government? Government has 6 months maternity leave which is really helpful for women employee.
Nowadays, companies have started providing flex i working facilities, work from home etc. However, first six months are crucial for mother & new born baby, I think we HR should raise such issue.
Please provide your valuable suggestions, comments..
Thanks again