I have query , in our company there was female employee who went for Maternity leaves of 6 months.
Management has approved maternity leaves to female employee and she didn't turn up as per her aligned shift.
When we are contacting her, she is not ready to continue.
From India, New Delhi
1Management has approved maternity leaves to female employee and she didn't turn up as per her aligned shift.
When we are contacting her, she is not ready to continue.
From India, New Delhi
Quitting job after took benefit under maternity act is not good conduct. It is also a learning for the establishment and HR, to adopt policy to check.
Whether she confirmed her decission in writing? Ask her to submit her resignation immidiately, if not conveyed in writing. To work or not to work depends upon the wish of one.
From India, Mumbai
Whether she confirmed her decission in writing? Ask her to submit her resignation immidiately, if not conveyed in writing. To work or not to work depends upon the wish of one.
From India, Mumbai
Dear Sanjeev,
Maternity leave or otherwise, employee is expected to report for the duties on completion of the leave. When the employee does not return then it is considered as "overstay" and when there is no communication and if the overstay continues then it is called as abandonment of employment.
I recommend you sending the notice to the woman employee for not reporting for the duties on completion of the maternity. You may send the soft copy of the mail by email but it should be on and above the hard copy. If there is no reply, or the explanation to the notice is not credible then you may order domestic enquiry for her absence. If she does not depose before the enquiry then based on her absence, terminate her service and close the matter.
For Mr Prabhat Ranjan Mohanty: - You have written that "Ask her to submit her resignation immediately." I feel that this kind of advice is not required. That employee supposed to have common sense to know that while leaving the employment, she was required to submit letter of resignation. Secondly, she was intelligent to submit application for the maternity leave then same intelligence she should have shown while quitting the employment. Issue the termination order and close the case. If she asks for the service-cum-relieving letter then issue it with the remarks "terminated services because of abandonment of the employment".
Thanks,
Dinesh Divekar
From India, Bangalore
Maternity leave or otherwise, employee is expected to report for the duties on completion of the leave. When the employee does not return then it is considered as "overstay" and when there is no communication and if the overstay continues then it is called as abandonment of employment.
I recommend you sending the notice to the woman employee for not reporting for the duties on completion of the maternity. You may send the soft copy of the mail by email but it should be on and above the hard copy. If there is no reply, or the explanation to the notice is not credible then you may order domestic enquiry for her absence. If she does not depose before the enquiry then based on her absence, terminate her service and close the matter.
For Mr Prabhat Ranjan Mohanty: - You have written that "Ask her to submit her resignation immediately." I feel that this kind of advice is not required. That employee supposed to have common sense to know that while leaving the employment, she was required to submit letter of resignation. Secondly, she was intelligent to submit application for the maternity leave then same intelligence she should have shown while quitting the employment. Issue the termination order and close the case. If she asks for the service-cum-relieving letter then issue it with the remarks "terminated services because of abandonment of the employment".
Thanks,
Dinesh Divekar
From India, Bangalore
HI Dinesh,
Thanks for sharing valuable information with us, still I have question which is not cleared yet.
Employees is quite intelligent in this case , she purposefully completed her maternity leaves and later denied to continue the services .
Reason : Her personal life is not going well , she needs time for family but employer is this have nothing to do .
we paid her 6 months salary now we are terminating her from the services . we didn't get time to find her replacement , all of sudden when she completed her leave then she was informing .
what type legal proceeding we can initiate against her , I respect women a lot but .
Issue one : If employer denied maternity leave then legal compliances comes into picture ,but if employee did this then is there any legal framework .
From India, New Delhi
Thanks for sharing valuable information with us, still I have question which is not cleared yet.
Employees is quite intelligent in this case , she purposefully completed her maternity leaves and later denied to continue the services .
Reason : Her personal life is not going well , she needs time for family but employer is this have nothing to do .
we paid her 6 months salary now we are terminating her from the services . we didn't get time to find her replacement , all of sudden when she completed her leave then she was informing .
what type legal proceeding we can initiate against her , I respect women a lot but .
Issue one : If employer denied maternity leave then legal compliances comes into picture ,but if employee did this then is there any legal framework .
From India, New Delhi
This is simple case of abandonment of duty.
Maximum company can do is conduct a domestic enquiry and terminate services.
Legal battles will not help.
Some take advantage of laws meant for welfare, may be she has genuine reason or what be the matter,there is nothing much legally punishable in the whole affair.
From India, Pune
Maximum company can do is conduct a domestic enquiry and terminate services.
Legal battles will not help.
Some take advantage of laws meant for welfare, may be she has genuine reason or what be the matter,there is nothing much legally punishable in the whole affair.
From India, Pune
Employers try Hire and Fire policies.
Employees try to flee from employers after taking max advantage.
All this show only one thing -trust deficit.
Both sides must respect constraints and difficulties faced in discharge of their duties.
It is not all sunny for employers who have to deliver results often in very competitive conditions, while employees have to slog it out to deliver results for demanding employers.Amidst all this, there will people who try to flee and there will be employers who fire at will.
From India, Pune
Employees try to flee from employers after taking max advantage.
All this show only one thing -trust deficit.
Both sides must respect constraints and difficulties faced in discharge of their duties.
It is not all sunny for employers who have to deliver results often in very competitive conditions, while employees have to slog it out to deliver results for demanding employers.Amidst all this, there will people who try to flee and there will be employers who fire at will.
From India, Pune
Dear HR colleagues,
The advice given to treat not resuming for duty after availing Maternity Benefit as 'abandonment' , follow it up by holding enquiry and culminating into termination of her services is outright far fetched, misdirected and illegal.
The provisions of abandonment are contained in the Model Standing Orders and are applicable only to overstaying of privilege leave and not Maternity leave. It is as good as mixing oil with water.
The Maternity Leave/benefits are governed by separate Act and it has no mention of Abandonment after availing ML or otherwise and leaving job
immediately after availing MB is not denied under the M . B .Act.
But her intention to leave the job by not following conditions relating to notice period and only verbally convyeing it, is not in good taste .
She can very well leave the job after availing MB, by complying with the conditions of notice period in appointment letter and sending resignation letter.
Since , in this case , she has failed to do so, the company has only option to recover amount equivalent to notice pay from her F/F settelement dues and let her quit rather than take any vindictive stand.
Regards,
Vinayak Nagarkar
HR- Consultant.
From India, Mumbai
The advice given to treat not resuming for duty after availing Maternity Benefit as 'abandonment' , follow it up by holding enquiry and culminating into termination of her services is outright far fetched, misdirected and illegal.
The provisions of abandonment are contained in the Model Standing Orders and are applicable only to overstaying of privilege leave and not Maternity leave. It is as good as mixing oil with water.
The Maternity Leave/benefits are governed by separate Act and it has no mention of Abandonment after availing ML or otherwise and leaving job
immediately after availing MB is not denied under the M . B .Act.
But her intention to leave the job by not following conditions relating to notice period and only verbally convyeing it, is not in good taste .
She can very well leave the job after availing MB, by complying with the conditions of notice period in appointment letter and sending resignation letter.
Since , in this case , she has failed to do so, the company has only option to recover amount equivalent to notice pay from her F/F settelement dues and let her quit rather than take any vindictive stand.
Regards,
Vinayak Nagarkar
HR- Consultant.
From India, Mumbai
There are many thread of this case
1 find out the reason why does she left/ why doesn't she wants to join ?
2 if you paid certain amount to her in maternity then you paid her as per maternity act(for this please check the Section of this , is it written any where that candidate should join after maternity) ,
3 if she is good candidate you can offer "work from home or Creche facility" facility if possible
From India, Pune
1 find out the reason why does she left/ why doesn't she wants to join ?
2 if you paid certain amount to her in maternity then you paid her as per maternity act(for this please check the Section of this , is it written any where that candidate should join after maternity) ,
3 if she is good candidate you can offer "work from home or Creche facility" facility if possible
From India, Pune
"The Maternity Leave/benefits are governed by separate Act and it has no mention of Abandonment after availing ML or otherwise and leaving job
immediately after availing MB is not denied under the M . B .Act."
My view:
MB act is a Social Welfare Act for Women and it will not deal with cases of people availing leave and then not coming back for duty.
"The advice given to treat not resuming for duty after availing Maternity Benefit as 'abandonment' , follow it up by holding enquiry and culminating into termination of her services is outright far fetched, misdirected and illegal."
I certainly would contest your words because "advice was maximum you can have a domestic enquiry and terminate."
Allowing a person to quit w/o even a letter for employee for quitting would not be in order.
I would like to know where is the illegality involved in terminating an employee for misconduct.
I would term not coming back from ML and not intimating company as misconduct.
From India, Pune
immediately after availing MB is not denied under the M . B .Act."
My view:
MB act is a Social Welfare Act for Women and it will not deal with cases of people availing leave and then not coming back for duty.
"The advice given to treat not resuming for duty after availing Maternity Benefit as 'abandonment' , follow it up by holding enquiry and culminating into termination of her services is outright far fetched, misdirected and illegal."
I certainly would contest your words because "advice was maximum you can have a domestic enquiry and terminate."
Allowing a person to quit w/o even a letter for employee for quitting would not be in order.
I would like to know where is the illegality involved in terminating an employee for misconduct.
I would term not coming back from ML and not intimating company as misconduct.
From India, Pune
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