Employee Left After Taking Maternity Benefits

One of the employee of the Company left the Company after taking benefits under maternity leave. She did not joined the Company after her leave nor she served notice period. Now the Company wants to take action against her. Kindly tell what are the grounds on which Co. can take action.

Dear Sonia,
This is a case of abandonment of employment on completion of leave. You need not link it to the maternity leave. Maternity leave was employee's rightful due which you have provided and matter ends there. Not reporting on 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.
Now with regards to your query please send her a letter asking her to join back as her Maternity leave is exhausted, if you won't receive any reply then send her a second letter stating that if she does not join back within stipulated time then it would be assumed that you are not interested in the job and the company will terminate her job. After that if she still does not reply you can send her termination as abandonment and can deduct the Notice Pay from her FnF

It is a case of misconduct by the employee in employment attracting penal provisions as per the Discipline, Conduct and Appeal Rules of the organisation, if your organisation has already framed a set of such rules. You may deal with the misconduct case acording to such set of rules of your organisation.

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

You cannot have a maternity Policy which 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 which are more favourable than what are prescribed under the Act. Therefore, you cannot have a policy that those serving the company for 3 years shall only have maternity benefits. It should invariably be given to women employees working at least for 80 days immediately preceding the date of delivery.
Madhu.T.K

I second Mr. Madhu, Maternity Benefit Act is declared and governed by the Labor Department (Central Government) the company does not have any role over it, the company can give extra benefits if it desires so. A rule cannot be imposed on any employee that the employee has to complete 3 years of employment.