Dear HR colleagues,
The advice given to treat not resuming for duty after availing Maternity Benefit as 'abandonment' , follow it up by holding enquiry and culminating into termination of her services is outright far fetched, misdirected and illegal.
The provisions of abandonment are contained in the Model Standing Orders and are applicable only to overstaying of privilege leave and not Maternity leave. It is as good as mixing oil with water.
The Maternity Leave/benefits are governed by separate Act and it has no mention of Abandonment after availing ML or otherwise and leaving job
immediately after availing MB is not denied under the M . B .Act.
But her intention to leave the job by not following conditions relating to notice period and only verbally convyeing it, is not in good taste .
She can very well leave the job after availing MB, by complying with the conditions of notice period in appointment letter and sending resignation letter.
Since , in this case , she has failed to do so, the company has only option to recover amount equivalent to notice pay from her F/F settelement dues and let her quit rather than take any vindictive stand.
Regards,
Vinayak Nagarkar
HR- Consultant.