Dear Seniors, Recently, one employee has resigned after availing 89 days of maternity leave and 3 months of leave without pay. My query is, "Should we ask her to pay for the notice period, as it is clear that we cannot ask her to serve the notice period in this condition (extension of maternity leave)?" Looking forward to hearing from you ASAP.
Thanks and regards,
Aparna Singh
From India, Delhi
Acknowledge(0)
Amend(0)
Thanks and regards,
Aparna Singh
From India, Delhi
Acknowledge(0)Amend(0)
For the first 84 days, you paid her salary. Now, she has extended her leave for 3 months, so she will not receive anything during that period. Please advise her to resign from her job and serve her notice period. If she is unwilling to be in the notice period, then you can deduct the money for the notice period. Do not process the Full and Final (F&F) Settlement until that time.
From India, Mumbai
Acknowledge(1)
Amend(0)
429From India, Mumbai
Acknowledge(1)Amend(0)
The company is not asking her to resign. The employee has resigned after availing of Maternity Leave. Since there is no salary pending, how do you recover it? To the best of my knowledge, such employees are not going to bother to pay. You cannot hold back PF, Gratuity, or Experience Certificate for settling notice pay (at least not legally).
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
First of all, thank you for your response. But my query is, "whether we can send the recovery letter to her regarding payment against the short notice period." Is it within the law?
Thanks and regards,
Aparna Singh
From India, Delhi
Acknowledge(0)Amend(0)
Thanks and regards,
Aparna Singh
From India, Delhi
Acknowledge(0)Amend(0)
Yes, you can send a recovery letter Nothing in the law says the person taking maternity leave does not have to give proper notice when resigning from the company.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Hi, When she will transfer her PF else in Withdrawal defenetly she needs your assistance so in that case you just hold her PF for the reason of Shortfall of notice period.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Holding Back PF and Legal Implications
Holding back PF, refusal to transfer, or not signing the requisite forms is an offense under the act. It is, therefore, a bad practice. Incidentally, the employee can always withdraw or transfer without the approval of the previous employer. The procedure for that has been discussed many times in this forum.
In addition, I believe that in the case of a complaint, the PF commissioner can impose a penalty on the company for harassment and refusal to complete the forms. I am not sure if it amounts to a criminal complaint of harassment, but fines can definitely be imposed.
From India, Mumbai
Acknowledge(0)Amend(0)
Holding back PF, refusal to transfer, or not signing the requisite forms is an offense under the act. It is, therefore, a bad practice. Incidentally, the employee can always withdraw or transfer without the approval of the previous employer. The procedure for that has been discussed many times in this forum.
In addition, I believe that in the case of a complaint, the PF commissioner can impose a penalty on the company for harassment and refusal to complete the forms. I am not sure if it amounts to a criminal complaint of harassment, but fines can definitely be imposed.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Notice Period Extension Letter Format.doc