Employee Resigns After Maternity Leave: How Should We Handle the Wage Issue?

Dear Seniors,

Please suggest me. One of our employees has taken two months' wages during maternity leave (approximately Rs.30,000 per month) and given resignation after that. Please guide on what to do.

Hello Srinivas,

Maternity Leave is 3 months... hasn't she taken the complete leave salary? Has she resigned AFTER rejoining? And what reason(s) has she given? What level is she working?

Regards,
TS

You cannot do anything about that actually. Since she is pregnant and worked more than 80 days, she is entitled to payment for maternity leave.

Law on Maternity Benefits is a social welfare legislation. What is important is that it nowhere lays down any stipulation that after maternity leave/benefit payments, an employee has to serve a certain number of months or years.

We have many firms that try to terminate employees when they become pregnant to avoid this welfare payment. Therefore, this law protects female employees from any kind of shortcut oriented to avoid payment of maternity benefits.

Do you have an agreement in the joining letter that states she cannot resign while on any kind of leave or away from work? Is there any notice period applicable after resignation? Does it also specify that the notice period does not include the leave period?

Maternity leave is not considered sickness, so she cannot resign on medical grounds. In such a situation, she must rejoin, then resign, and serve the notice period as mentioned in the agreement. If she fails to do so, you are entitled to ask for the money back (only in lieu of the applicable notice period) and release her with immediate effect.

Best Regards,
Amod Bobade.

Dear TS,

I think she is taking the complete leave salary, as 2 months are already over and she is still an employee. By the time the resignation is accepted, the third-month salary would also be applicable. This will make the third-month salary a dispute, and she may demand it up to the relieving date based on her notice period after resignation.... :-)

Best Regards, Amod Bobade.

There is technically not much you can do, as she will support the certificates from the doctors, stating that she needs rest and should not travel long distances due to the surgery done while having the baby. So, she will have a medical reason for you to relieve her immediately.

Also, as you would have appointed a temporary person to work on her behalf, the handover question does not arise. She still has one month of leave with pay for maternity and thereafter one month leave without pay, which she can avail as per the MB Act.

So, just accept the resignation and relieve her as an exceptional case.

Regards,
Ashutosh Thakre

Dear Sir/Madam,

I want to send an email/letter to one of our female employees for not joining after taking maternity leave. We want to give notice to join in 2/3 days or as early as possible.

Regards,
Kamlesh