Maternity Leave Extension: Should Employers Issue New Offer Letters for Returning Employees?

Hello, good morning to all. My query is: If an employee is on maternity leave and she extends her leave for 2-3 months without resigning, and the employer does not terminate her but keeps her in the payroll database, what should be done if the employer wants her to rejoin after 4 months? In this case, should the employer provide a new offer letter and rejoining formalities, or will she be considered an existing employee? Kindly advise.

Thanks & Regards,

Disha Gupta
HR Manager (Talent Acquisition)
[Phone Number Removed For Privacy-Reasons]

Hi, Once removed from the payroll of the company for subsequent joining, the employer should consider her as a new joinee only and cannot treat her as an existing employee. A new employee number with a new file needs to be opened.

Absence of Resignation or Termination Letter
But in the absence of a resignation letter from the employee and without any termination letter, how was she removed from the payroll of the company?

Maternity Leave Considerations
For maternity cases, even after 182 days, if the employee is extending the leave, the employer should consider it after receiving proper medical documents. Removing her from the rolls during that period is not right.

It appears the employer has terminated the services of the employee, as her name is not in the database of active employees. If that is the case, then a fresh appointment order should be issued, and for all purposes, this will be a new employment starting now.

However, if there is no termination of services, then the employee can be permitted to rejoin in the post and pay last held by her.

Dear Citehr Member Ms. Disha Gupta,

Your query is welcome for seeking clarification on the issue raised by you.

Decision on Leave Application

When the employee extended her leave, what decision was taken on the leave application? If no leave application was received from her, why was a notice for joining the duties not given to take further action of termination if she did not respond/join?

Termination Process

Deletion of name from the payroll database does not mean the employee stands terminated unless due process is followed.

Rejoining and Leave Policy

In case the employer desires to have her services, there is no bar to allow her to rejoin. Her past service would not be forfeited. A decision will be required to be taken for the extended leave duration as per the Leave Policy of the Company. The leave can be sanctioned against the accumulated/due leaves, leave can be Leave Without Pay (LWP), or it can be of any other kind of leave as may be defined in the Leave Policy.

Re-employment Consideration

Re-employment as a new employee would not be a justified course of action.

You are welcome to have further clarification if you need any at the below contact details.

With best wishes and regards,
Chandramani Lal Srivastava
Master Consultant - HR/IR/Women Welfare Laws/Vigilance/Tenders/Govt. Departmental Disciplinary Matters
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[Phone Number Removed For Privacy-Reasons]
New Delhi/Friday/14.04.2023/9:36 am