Employee Left After Maternity Leave Without Notice – What Actions Can a Company Take?

One of the employees of the company left the company after taking benefits under maternity leave. She did not join the company after her leave, nor did she serve the notice period. Now the company wants to take action against her. Kindly tell, what are the grounds on which the company can take action.

Dear Sonia,

This is a case of abandonment of employment upon completion of leave. You need not link it to the maternity leave. Maternity leave was the employee's rightful due which you have provided, and the matter ends there. Not reporting upon completion of maternity leave is misconduct. Therefore, concentrate on misconduct and nothing else.

Thanks,

Dinesh Divekar

Agree with Mr. Dinesh, maternity leave is an employee's right that cannot be linked with her joining back to the employer.

Steps to Address Non-Return After Maternity Leave

Now, with regards to your query, please send her a letter asking her to rejoin as her maternity leave is exhausted. If you don't receive any reply, then send her a second letter stating that if she does not rejoin within the stipulated time, it would be assumed that she is not interested in the job, and the company will terminate her employment. After that, if she still does not reply, you can send her a termination notice for abandonment and deduct the notice pay from her FnF.

Now the company is planning to change the maternity policy and wants to include that only those employees serving the company for 3 years can take maternity benefits. Is it rightful on the part of the company, if legally speaking it should be given to those employees working for 180 days in a year? Can a company incorporate such terms or not?

Maternity Policy Compliance with the Law

You cannot have a maternity policy that is inferior to the law in force. As per Section 27 of the Maternity Benefit Act, you cannot have a contract whereby the employee will not be entitled to benefits under the Act. At the same time, there can be an agreement whereby the employee will be in a position to get benefits that are more favorable than what is prescribed under the Act.

Therefore, you cannot have a policy stating that those serving the company for 3 years shall only have maternity benefits. Maternity benefits should invariably be given to women employees working for at least 80 days immediately preceding the date of delivery.

Regards,
Madhu.T.K

I second Mr. Madhu. The Maternity Benefit Act is declared and governed by the Labor Department (Central Government). The company does not have any role in it; however, the company can provide extra benefits if it chooses to do so. A rule cannot be imposed on any employee requiring them to complete 3 years of employment.