Maternity Leave Dilemma: Is She Still Eligible for Benefits If She Doesn't Return?

Hi,

Our company falls under the Shops and Establishments Act. I have a query - one of our female employees who had gone on maternity leave is not resuming back to work due to xyz reasons. Will she be entitled to avail maternity wages or reimbursement?

Kindly confirm.

Regards, Geeta

Payment of maternity benefits and separation from the company

Payment of maternity benefits and separation from the company are two unrelated things. Both have no connection with each other. Availing of maternity benefits is subject to the eligibility as stipulated in the law, whereas separation from the company will happen under the terms and conditions of employment as mentioned in the appointment letter.

Just because a woman employee has availed of maternity leave, she cannot be forced to continue her employment. The Maternity Benefit Act (MBA), 2017 does not prescribe a lock-in period in the form of employment on completion of the maternity leave.

By the way, salaries and wages during the maternity leave are to be paid along with the monthly payment. From your query, one gets a feel that you have accumulated the woman employee's wages and you wanted to disburse these to her once she resumes her duties. If your company has done that, then it is against the MBA or other labor laws, as applicable.

Thanks,

Dinesh Divekar

Hi, Dinesh,

Thank you very much for your reply. It is the company's practice that MB is paid once the employee resumes work. Therefore, you are suggesting that we pay her the MB and relieve her from the service.

Thanks and Regards,
Geeta

Send her a notice to rejoin the company as the maternity leave period is over. However, as already described by Mr. Dinesh, the non-payment of maternity leave benefits in monthly installments is a violation of the law. Therefore, you are advised to credit her benefits to her account or through a cheque. You are required to send her at least 3 notices; it is better to send them via registered post to resume her services.

For further details or any other legal/compliance queries, you can call or email me at [Login to view].

Dear Geeta,

If she is not covered by ESI, then maternity benefits are applicable since she has completed 80 days of service, which is the qualifying period for eligibility for maternity benefits.