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Dear HR POCs,

I have a query regarding female employees who do not join the company post availing maternity benefits (leaves + salary). As a company, we may allow them to end their services willingly since they are not available to resume. However, what should be done regarding the benefits that we have already paid? We have 40% females in the company with a maximum age group of 22 - 35 years. Please suggest.

Thanks

From India, Delhi
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Dear Friend,

The unauthorized extension of any approved leave by an employee constitutes unauthorized absence, which may lead to appropriate disciplinary action. In this regard, maternity leave is not exempt. However, the employer cannot reclaim the salary already disbursed as maternity benefit, as it is legally based on the employee's length of prior service.

Thank you.

From India, Salem
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