Navigating Maternity Leave Pay: Should We Pay an Employee Who Resigned Mid-Leave?

Dear HR Friends,

An odd situation has arisen in my company. An employee went on maternity leave, and we paid her 2 months' salary, after which she has resigned. Now, I am not sure if we should be paying her the 3rd month's salary when she has already resigned. I am caught between 2 facts which are:

1. There is no question of her serving the company during this notice period.
2. It is mandatory to pay the full salary during maternity leave.

Please advise if we need to pay her the salary or not, considering the legal implications. Looking forward to your cooperation.

Regards,
Vidya

Dear,

Don't deny a benefit. The qualification for her entitlement is past service and not future service as per the Act. Maternity Benefit by itself is an entitlement and not salary or wage, which you may please note.

With Regards,

V. Sounder Rajan

E-mail: rajanassociates@eth.net

Dear Vidya,

Greetings.

I fully endorse the view of Rajanji. Maternity benefit is an entitlement and not wages. If you were covered under the ESI Act, the payment part would be taken care of by the ESI Authorities. Maternity may lead to complications, but maternity leave should not be complicated.

Cheers,
Trisha
HR Professional