Employee Not Returning After Maternity Leave: How Should the Company Respond?

An employee who worked for approximately six years requested an extension of leave after availing of maternity leave. The management refused as it required her to rejoin, and instead offered a leave of 1.6 months. After speaking to her, it became clear that she had no intention of rejoining even after the extension of leave for three months. Subsequently, she resigned. When asked about coming for a smooth handover, she refused, stating she had already handed over before proceeding on maternity leave.

She shared a few files, and we took a backup of her laptop. She retained the laptop with her and now demands that she will come on the last day of her notice period to collect her full and final payment while simultaneously handing over the laptop. In her resignation email, she also mentioned that her notice period should be adjusted with her earned leave.

What action can the company take in this case?

Handling Employee Resignation After Maternity Leave

You cannot take any action against her. When she asked for an extension of 26 weeks of maternity leave already availed, you should not have granted it. Moreover, when proceeding on maternity leave or any leave for such a long duration, you should have collected the laptop and other belongings. Now, since she has resigned, settle her dues, if any. But tell her that this is unfair and it would be reflected in any background verification which may come in the future.

Documenting the Situation

You can also document this by means of a letter to her, briefing her request to extend the leave, your stand that a 3-month leave cannot be granted but she can take one and a half months, and her subsequent act of resigning. Also, mention her availing the notice period adjusting the earned leave to her credit, etc.

You need not say that you will initiate action against her but simply conclude the letter by saying, "It is very unfortunate that you did not turn up after the scheduled leave, including the extended period. We did not expect an employee like you could do this to us, who have been so employee-friendly without any single instance over a period of six years to prove otherwise."