Dear All,
Pls. requied your urgent help to draft an application for deciplinary action againt the employee who has been on meternity leave but not joining to office after consume all.
To look after the maternity benifit and act 1961, what neccessary action should I take against her to not joining the office.
Although, She has already ask from us that she required more three months of leave to look after her baby but company are not in position to provide her even more one day.
In reply we share our concern and ask her to joining office immediately.
required your V urgent help on this.
regard,
gajraj
From India, Mumbai
2Pls. requied your urgent help to draft an application for deciplinary action againt the employee who has been on meternity leave but not joining to office after consume all.
To look after the maternity benifit and act 1961, what neccessary action should I take against her to not joining the office.
Although, She has already ask from us that she required more three months of leave to look after her baby but company are not in position to provide her even more one day.
In reply we share our concern and ask her to joining office immediately.
required your V urgent help on this.
regard,
gajraj
From India, Mumbai
Dear Gajraj,
Find the link this may somewhat helpful on your query.
https://www.citehr.com/336412-will-m...s-revoked.html
From India, Pune
Find the link this may somewhat helpful on your query.
https://www.citehr.com/336412-will-m...s-revoked.html
From India, Pune
Before you initiate disciplinary action make sure that the employee is really in problem which warrants extension of maternity leave. If she requires leave due to reasons connected with delivery, the Maternity Benefit Act empowers her to take one more month's PAID leave on medical ground. Therefore, if in the enquiry she produces a certificate to the effect that her absence was on medical ground connected with delivery(which is very easily available) she will win the battle.
Now, if you are sure that she is not seeking extension on genuine ground, then issue a letter saying that the leave approved have already exhausted and she should join duty within two/ three days. If she does not turn up, then issue a show cause notice calling on her to explain why disciplinary action should not be initiated against her for her abstaining from duty. Tell her to reply to the notice within two/three days. Wait for reply and decide on the further courses of action.
If you have certified standing orders you should draft the letters considering the orders only. For instance if in the Standing Orders it is written that an employee shall be given three days time to reply to a notice and whereas if you are giving only two days time, that will vitiate the enquiry.
Regards,
Madhu.T.K
From India, Kannur
Now, if you are sure that she is not seeking extension on genuine ground, then issue a letter saying that the leave approved have already exhausted and she should join duty within two/ three days. If she does not turn up, then issue a show cause notice calling on her to explain why disciplinary action should not be initiated against her for her abstaining from duty. Tell her to reply to the notice within two/three days. Wait for reply and decide on the further courses of action.
If you have certified standing orders you should draft the letters considering the orders only. For instance if in the Standing Orders it is written that an employee shall be given three days time to reply to a notice and whereas if you are giving only two days time, that will vitiate the enquiry.
Regards,
Madhu.T.K
From India, Kannur
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf