Employee Absconding After Maternity Leave
An employee availed maternity leave as per the tenure or as per the Maternity Act and then she absconded, not responding to calls and reporting to the office. What options does the employer have in such a situation? Can the employer ask for the salary returned during the maternity period?
Regards, Robin
From India, New Delhi
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An employee availed maternity leave as per the tenure or as per the Maternity Act and then she absconded, not responding to calls and reporting to the office. What options does the employer have in such a situation? Can the employer ask for the salary returned during the maternity period?
Regards, Robin
From India, New Delhi
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Dear Colleague,
Maternity benefits provided to a female employee after she completes the stipulated service with an organization are a type of statutory benefit, social security benefit, or social obligation on the part of the employer. She becomes eligible by fulfilling the necessary number of days worked in the organization before proceeding on maternity leave. Legally, there is no provision to recover the benefits extended if she does not return, as it is an expense to the employer that is unavoidable and cannot be reclaimed due to her non-return.
There could be valid reasons why someone is leaving employment, such as medical reasons or an inability to balance post-medical aspects. These reasons should be investigated, and a positive approach may help retain valuable talent. Just like Provident Fund (PF), Employees' State Insurance (ESI), and other benefits cannot be reclaimed if someone goes on leave and does not return since they are deposited with government bodies. A similar mindset is necessary in such situations.
Morally, the employee should respond, which is also a matter of professional ethics depending on the individual and their experiences with organizations. In summary, there is no provision under the Maternity Benefit Act to recover the benefits provided if someone does not return after maternity leave.
From India, Chennai
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321Maternity benefits provided to a female employee after she completes the stipulated service with an organization are a type of statutory benefit, social security benefit, or social obligation on the part of the employer. She becomes eligible by fulfilling the necessary number of days worked in the organization before proceeding on maternity leave. Legally, there is no provision to recover the benefits extended if she does not return, as it is an expense to the employer that is unavoidable and cannot be reclaimed due to her non-return.
There could be valid reasons why someone is leaving employment, such as medical reasons or an inability to balance post-medical aspects. These reasons should be investigated, and a positive approach may help retain valuable talent. Just like Provident Fund (PF), Employees' State Insurance (ESI), and other benefits cannot be reclaimed if someone goes on leave and does not return since they are deposited with government bodies. A similar mindset is necessary in such situations.
Morally, the employee should respond, which is also a matter of professional ethics depending on the individual and their experiences with organizations. In summary, there is no provision under the Maternity Benefit Act to recover the benefits provided if someone does not return after maternity leave.
From India, Chennai
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You cannot recover the salary paid for maternity benefits. The only thing you can do is, if her appointment order states that she should serve the notice period or should pay salary for 1 month or 2 months, whatever the clause says in the appointment order, you can ask for that.
From India, Hyderabad
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From India, Hyderabad
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Employee Benefits.doc