Hello All,
Just want to discuss that one of our employee was on Maternity Leave from June 22, 2015 till September 22, 2015 and she wont be able to rejoin the company due some personal reasons. On October 01, 2015 she resigned from the duties and we accepted the same on October 14, 2015.
While preparing the relieving and experience letters which date should be considered either June 22, 2015 (her last working day but she was on paid salary) or October 01, 2015 (when she resigned).
Kindly help ...
Thanks & Regards
Sveta
From India, Mumbai
Just want to discuss that one of our employee was on Maternity Leave from June 22, 2015 till September 22, 2015 and she wont be able to rejoin the company due some personal reasons. On October 01, 2015 she resigned from the duties and we accepted the same on October 14, 2015.
While preparing the relieving and experience letters which date should be considered either June 22, 2015 (her last working day but she was on paid salary) or October 01, 2015 (when she resigned).
Kindly help ...
Thanks & Regards
Sveta
From India, Mumbai
It should be 1st Oct 2015 as you would have paid wages for Maternity Leave as per Maternity Benefit Act. Regards, Keshav Reddy
From India, Bangalore
44From India, Bangalore
In such situations it is always good if you add one more sentence, like, her last working day was 21st June, 2015. To be more clear, the service certificate shall mention that .....has worked in this establishment from..... to 22nd September, 2015. She was relived from duties on 14th October, 2015 following her resignation dated 1st October, 2015. her last working day was 21st June, 2015.
If, instead of sending the resignation by mail or post and asking for relieving offline, she had come on 14th Oct, she would have got a fair service certificate stating that she has been in service from.....till 14th Oct and was relieved following her resignation dated 1st Oct.
Madhu.T.K
From India, Kannur
If, instead of sending the resignation by mail or post and asking for relieving offline, she had come on 14th Oct, she would have got a fair service certificate stating that she has been in service from.....till 14th Oct and was relieved following her resignation dated 1st Oct.
Madhu.T.K
From India, Kannur
He date of leaving should be October 01, 2015 as employment cannot be terminated during the course of maternity.
From India, Delhi
From India, Delhi
Her date of leaving should be October 01 2015 as employment cannot be terminated during the course of maternity
From India, Delhi
From India, Delhi
If she has already completed the statutory 84 days of maternity leaves, then also the company cannot terminate her for not reporting?
If she has submitted her resignation how is it going to be a termination? or is it that if a woman who has availed the full length of maternity leaves submits her resignation, we should not accept it but continue to treat her as employee and pay salary every month?
It is okay that termination during the time a woman is in receipt of maternity benefit is illegal. But beyond this what is the liability?
Madhu.T.K
From India, Kannur
If she has submitted her resignation how is it going to be a termination? or is it that if a woman who has availed the full length of maternity leaves submits her resignation, we should not accept it but continue to treat her as employee and pay salary every month?
It is okay that termination during the time a woman is in receipt of maternity benefit is illegal. But beyond this what is the liability?
Madhu.T.K
From India, Kannur
It may be an issue if we mention as 21st June as most of the companies pay PF for the ML period wages as well. Imagine you mention 21st June in the letter and paid PF till 12th Sep which is the ML closure date, it will be an issue at the time of transfer of the PF. I suggest to mention as 1st Oct and can mention her ML details as note.
Regards,
Keshav Reddy
From India, Bangalore
Regards,
Keshav Reddy
From India, Bangalore
There is no issue with PF because it is not on the basis of service certificate that PF is transferred. Moreover, in the service certificate, we are mentioning the last working day separately and after we have mentioned her service till the date of actual relieving. Therefore, there is no illegality in it. At the same time showing last day of work in the service certificate makes the certificate more authentic because with this the holder of the certificate cannot claim a service or experience which she has not obtained. This is a matter of only three months, but just imagine that she has been granted leave without pay for, say, one year in anticipation that she will turn back to work but after one year she puts the paper and go. Can she claim a service or experience she has not gained? No, not at all. But since the date of actual relieving from the rolls is one year after, we will be giving a certificate showing that date as date of relieving but with an additional remarks of her last working day in the organisation.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
When an employee was on an authorised/paid leave (irrespective of what kind of leave) it is not a healthy practice to mention the last actually worked day as DOR. Lest it will create avoidable confusion and various other issues. I am not sure how the notice period was reckoned by the Co., was it waived ?? Since her salary is paid till date of resignation there is no need to think otherwise. Imagine a situation that if a male employee was incapacitated due to sickness or accident and his service is closed without resuming, presumably we won't think of action as suggested to mention the actual working day as DOR. Therefore the date at which the resignation is effective should be the DOR as well.
From India, Bangalore
From India, Bangalore
The DOR is very much relevant and crucial for reckoning length of service/continuous service for the purposes of computing eligibility for gratuity, Leave, clearing of probation, appraisal & granting increment, bonus etc (though some of these may not be relevant to this queriest) . If there appear two different dates on the service certificate it will create confusion while above benefits are finalised. Also when two different dates are mentioned there is scope for further inquiry into the causes in her future career prospects and jeopardise the interest of an employee. Therefore it is advisable to mention the date on which the resignation is given effect to.
From India, Bangalore
From India, Bangalore
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf