Hello, Can an employer refuse to pay full salary & refuse rejoining after Maternity leave giving the reason of the covid situation?
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No employer can refuse maternity benefits to an eligible employee and cannot terminate her services while on maternity leave.
Even if the female employee commits malpractices, shows indiscipline, or engages in gross misconduct during her employment and then proceeds on maternity leave, a legally compliant employer will have to wait until her return and approves her rejoining. Only after she rejoins, the company/employer can address her malpractices and proceed accordingly.
From India, Aizawl
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651Even if the female employee commits malpractices, shows indiscipline, or engages in gross misconduct during her employment and then proceeds on maternity leave, a legally compliant employer will have to wait until her return and approves her rejoining. Only after she rejoins, the company/employer can address her malpractices and proceed accordingly.
From India, Aizawl
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The employer cannot refuse maternity benefits to an eligible employee on any grounds. The service of an employee cannot be terminated once pregnancy is confirmed to management or while on maternity leave. Refusing to pay for the period of maternity leave and not reinstating the employee after maternity leave is illegal. The aggrieved employee should take up the issue with the appropriate government authority.
From India, Mumbai
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From India, Mumbai
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Right to payment of maternity benefits.doc