Maternity Leave Dilemma: How to Handle an Employee's Extended Absence and Silence?

As an employer, I granted 6 months of maternity leave to an employee on 1st Jan 2018. She was supposed to return to work on 1 July 2018 but requested an extension for child care. However, she has not reported to work to date and has not been communicating with us. What are the possible options to deal with this scenario?

Please send a letter to the employee's last known address as available in the records of the company, stating that she has not reported for work following the completion of maternity leave. Further, she has not submitted a medical certificate for an extension of leave on medical grounds. Consequently, her continued absence from 1st July 2018 will be treated as unauthorized absence warranting disciplinary action as per your company service rules, certified standing orders, or appointment letter.

Wait for some time before taking further appropriate action.

Following sections of the Maternity Benefits Act are relevant:
Section 4 subsections 1, 2, 4
Section 10 (Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage)
If the provisions of these sections are being violated, the administration can take necessary action after informing her in writing at the last given address or as per documents.

I think there is Child Care leave available to women employees for two months after the expiry of the six-month maternity leave. However, she has to submit the Child Care leave application before the expiry of her maternity leave. If the application is not submitted, the employer may ask for an explanation from the employee to take necessary action.

Notice to the Employee

Serve a notice in this regard to the concerned employee as per the service rule. Ask for a written explanation with valid documents for not joining on time accordingly. Make sure your notice is served to her properly in person or through registered post. Give her fair time to respond.

Further Communication

Thereafter, don't make any further delay from your end to communicate with her. If required, serve one or two further reminders after the first notice. Only then can you decide on the further course of action.

Consideration of Circumstances

Remember, her reason might be considerable even though she is not corresponding with the employer. A reasonable inquiry to establish facts should be carried out from your end.