An employee (worked for 6 years approx) asked for extension of leave after availing MB. The management refused as it required her to join and instead offered a leave of 1.6 months. After speaking to her, it became clear that she has no intention of joining even after extension of leave of 3 months. After which she resigned and now when asked when she would come for smooth handover, she refuses and says she already handed over before proceeding on maternity leave.
She shared a few files and we took back up of her laptop. She retained the laptop with her and now demands that she would come on the last day of her notice period and collect her full and final payment simultaneously hand over the laptop. She has also mentioned in her resignation email that her notice period be adjusted with her earned leave.
What action can the company take in this care?
From India, Amroli
She shared a few files and we took back up of her laptop. She retained the laptop with her and now demands that she would come on the last day of her notice period and collect her full and final payment simultaneously hand over the laptop. She has also mentioned in her resignation email that her notice period be adjusted with her earned leave.
What action can the company take in this care?
From India, Amroli
You cannot take any action against her. When she asked for extension of 26 weeks maternity already availed, you should not have granted. Moreover, when proceeding to maternity leave or any leave such a long duration, you should have collected the laptop and other belongings. Now since she has resigned, settle her dues, if any. But tell her that this is unfair and it would be reflected in any background verification which may come in future. You can also document these by means of a letter to her briefing her request to extend the leave, your stand that 3 months leave cannot be granted but can take one and half month and her subsequent act of resigning, and again availing notice period adjusting the earned leave to her credit etc etc. You need not say that you will initiate action against her but simply conclude the letter saying that " it is very unfortunate that you did not turn up after the scheduled leave including the extended period and we did not expect an employee like you could do it to us who have been so employee friendly without any single instance over a period of six years to prove otherwise....."
From India, Kannur
4240From India, Kannur
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Creche under Maternity Benefit Act.pdf
MATERNITY BENEFIT ACT 2009.doc