When an employee leaves their current job to join another company after taking Maternity Leave - what action can a company take in this case? Whether the employee serves the notice period, leaves without serving the notice period, or leaves without informing.
From India, Mumbai
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From India, Mumbai
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Employees leaving their employment must serve the stipulated notice period as provided in the terms of their appointment. The employer is entitled to enforce this stipulation even if the employee leaves after completing maternity leave.
From India, Bangalore
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1273From India, Bangalore
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Dear Swati,
I believe you have raised two queries stemming from the same cause of action – i.e., the resignation of an employee soon after or after availing statutory maternity benefits in the form of leave with wages.
First and foremost, it should be borne in mind that maternity leave is a statutory benefit based on the services rendered by the employee in the past. Therefore, it cannot prevent the employee from choosing to leave the job for any reason after utilizing the benefit.
I also agree with the opinion of our colleague, Mr. Kumar, that the employer retains the right to enforce the notice clause of the employment contract or service regulations when the employee fails to adhere to it, as it is a mutual contractual obligation.
In this context, the maternity leave already taken should not hinder the subsequent resignation of the employee after fulfilling the notice condition as required by the employer, whether through a buyout or by serving the entire notice period. If the employee fails to comply with either option, her resignation may be declined, and her services may be terminated following the procedures outlined in the service rules and principles of natural justice.
From India, Salem
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I believe you have raised two queries stemming from the same cause of action – i.e., the resignation of an employee soon after or after availing statutory maternity benefits in the form of leave with wages.
First and foremost, it should be borne in mind that maternity leave is a statutory benefit based on the services rendered by the employee in the past. Therefore, it cannot prevent the employee from choosing to leave the job for any reason after utilizing the benefit.
I also agree with the opinion of our colleague, Mr. Kumar, that the employer retains the right to enforce the notice clause of the employment contract or service regulations when the employee fails to adhere to it, as it is a mutual contractual obligation.
In this context, the maternity leave already taken should not hinder the subsequent resignation of the employee after fulfilling the notice condition as required by the employer, whether through a buyout or by serving the entire notice period. If the employee fails to comply with either option, her resignation may be declined, and her services may be terminated following the procedures outlined in the service rules and principles of natural justice.
From India, Salem
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Dear Mr. Kumar & Mr. Umakanthan, Thanks for your prompt response & assistance!
From India, Mumbai
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From India, Mumbai
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Dear Swati,
Seconding the opinion of our senior member, Shri Umakant, I would like to reaffirm that the Maternity Benefit Act does not imply that an employee is leaving the services by resigning immediately after availing benefits under the Act. Any binding agreement would only be through the service conditions or terms of appointment, including the notice period terms.
If an employer is attempting to intimidate in this regard, it is considered mala fide and holds no legal standing.
Wishing you all the best.
Regards,
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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Seconding the opinion of our senior member, Shri Umakant, I would like to reaffirm that the Maternity Benefit Act does not imply that an employee is leaving the services by resigning immediately after availing benefits under the Act. Any binding agreement would only be through the service conditions or terms of appointment, including the notice period terms.
If an employer is attempting to intimidate in this regard, it is considered mala fide and holds no legal standing.
Wishing you all the best.
Regards,
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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