Maternity Leave Dilemma: Should We Pay an Employee Who Never Returned?

Hi all,

I have a case in my organization where an employee went on maternity leave and never returned. She neither gave any resignation nor did she come back. Now, suddenly after 7 months, she drops a message requesting her salary for the 3 months of maternity leave. Should we proceed with this request? If we do not fulfill it, can she file a case against us?

Handling Absence After Maternity Leave

You should have sent her a notice when she failed to return after maternity leave. However, now send her a notice asking her to come back and face proceedings for illegal absence or produce verifiable evidence of illness, which prevented her from rejoining. After the proceedings, the company will take action, including dismissal. If she is dismissed after following the procedure, then she will not be entitled to maternity benefits. The procedure is long and time-consuming, but it is better to follow it for the regularization of absence and then decide whether to pay or not.

If she has submitted the maternity leave and her application was approved, then you are liable to pay her maternity leave dues.