Facing a Dilemma: Can I Rejoin My Old Company Without Paying the Exit Fees?

Hi everyone, I worked in a company for two years and resigned while I was on maternity leave. I had taken five months of maternity leave, and as I knew I couldn't rejoin, I resigned to take care of my baby. I still had one month of maternity leave pending. The HR told me I had to pay a two-month notice period amount and provided the information required to complete the exit formalities. However, I couldn't pay the amount on time and lost access to my company email.

When I contacted the HR team again to send me the details to pay the two-month notice period amount, a new HR replied, stating that I had to pay three months' worth instead of two months. They claimed that the previous HR had given incorrect information.

The issue here is that I didn't receive my last month's maternity benefit salary as I had already resigned. The HR had not even informed me that resigning would end my maternity benefits and that I would have to pay three months' salary as well. The previous HR personnel who replied to my email mentioned that the amount would be adjusted from my maternity leave balance, and I would only need to pay for two months.

It has been two years, and I still haven't paid the amount. Now, I am willing to rejoin the company, but I am not in a position to pay the outstanding amount and complete my exit formalities. Can someone suggest what should be done, or is there any chance that they would consider hiring me again?

Dear Anony,

Maternity benefit is a statutory right and cannot be recovered just because the employee failed to rejoin after its expiry or chose to end the service contract. As you resigned, you were only liable to pay the notice as per the employment terms and nothing more. What does your appointment letter say about notice? I suggest you meet the management of the organization and propose your candidature for an appropriate position.

Regards,
Rahul Chhabra

Hi, you people take things for granted and leisurely discuss as and when convenient. I may sound harsh, but I wonder why and how many, that too educated lot, can't do the right thing at the right time? You just now thought of resuming your career after 2 long years and your liabilities of unsettled NP. What stopped you from discussing all your decisions when you were still on ML? Why didn't you consult your colleagues/HR or friends before resigning? You said you were actually into 5 months of ML when you resigned. If I'm right, you were entitled to 26 weeks of ML (roughly 6 months); you could have rightly availed full ML and followed up with/extended with other leave like sick leave if you weren't in a position to resume. Even if this extension was not possible, you could have thought of 'LWP' until such time good enough to rejoin. Of course, it cannot be undone now.

Okay, you resigned. You should have settled the NP as stipulated in your terms and conditions of appointment. There is no logic in saying one HR says this, and the other one said differently. There is nothing to interpret if and when the terms are clear. None of us here will be able to say categorically whether or not you'll be taken back. Maybe or maybe not. We are only outsiders. You have to visit your HR and explore the possibilities. Mind you, you'll have to, in any case, sort out the NP issue beforehand. By chance, you already obtained a relieving letter or acceptance of resignation; probably that might help you seek a job elsewhere also. Try to make a beginning, be positive. All the best.