Hi,
I am new in HR field, please guide on below scenario :
If a lady resign during her maternity leave i.e during her 3 month of maternity leave if she got another offer, what will be the consequences?
1) whether she needs to serve the notice period / not?
2) employer can do the notice recovery if they found the reason behind the resignation
3) can employer recover the maternity salary paid to her for first two months?
Please guide
From India, Mumbai
1I am new in HR field, please guide on below scenario :
If a lady resign during her maternity leave i.e during her 3 month of maternity leave if she got another offer, what will be the consequences?
1) whether she needs to serve the notice period / not?
2) employer can do the notice recovery if they found the reason behind the resignation
3) can employer recover the maternity salary paid to her for first two months?
Please guide
From India, Mumbai
First of all Maternity Leave is not 3 months it is 84 days i.e. 12 weeks. With regards to your points please find below my view.
1) Yes after completion of her maternity leave she has to serve the notice period as per the Termination Clause
2) If notice period is not served and your termination clause has the buyout facility, the Notice Period can be recovered from her FNF
3) No, the salary for Maternity Leave Paid by the employer can not be recovered.
Would suggest to wait for other seniors to respond
From India, Ahmadabad
1) Yes after completion of her maternity leave she has to serve the notice period as per the Termination Clause
2) If notice period is not served and your termination clause has the buyout facility, the Notice Period can be recovered from her FNF
3) No, the salary for Maternity Leave Paid by the employer can not be recovered.
Would suggest to wait for other seniors to respond
From India, Ahmadabad
Dear friend,
Matters of resignation doesn't come under the Maternity Act. So you have to refer to your own HR Policy as to what it says so far as the resignation and adv.notice period is concerned. So it's depends on your policy guidelines - My views are:
1) whether she needs to serve the notice period / not?
Yes. Alternatively, if your Policy allows you can adjust unutilised leave (PL/EL) to equivalent days of notice period and relieve. Or as FC said allow her to serve the notice period after elapse of ML and relieve her.
2) employer can do the notice recovery if they found the reason behind the resignation
Right to resign one's post is her/his own prerogative, I don't comprehend that reason for resignation should be the basis to recover the cost from her. Employer is vested with only the right to impose the notice period and cannot prevent her joining other firms.
3) can employer recover the maternity salary paid to her for first two months?
I concur with the views of Saji. The ML is permissible on the strength of fulfilling the conditions in the past service, it's nothing to do with the future service and there is no compulsion that she should serve your co. after returning from ML.
From India, Bangalore
Matters of resignation doesn't come under the Maternity Act. So you have to refer to your own HR Policy as to what it says so far as the resignation and adv.notice period is concerned. So it's depends on your policy guidelines - My views are:
1) whether she needs to serve the notice period / not?
Yes. Alternatively, if your Policy allows you can adjust unutilised leave (PL/EL) to equivalent days of notice period and relieve. Or as FC said allow her to serve the notice period after elapse of ML and relieve her.
2) employer can do the notice recovery if they found the reason behind the resignation
Right to resign one's post is her/his own prerogative, I don't comprehend that reason for resignation should be the basis to recover the cost from her. Employer is vested with only the right to impose the notice period and cannot prevent her joining other firms.
3) can employer recover the maternity salary paid to her for first two months?
I concur with the views of Saji. The ML is permissible on the strength of fulfilling the conditions in the past service, it's nothing to do with the future service and there is no compulsion that she should serve your co. after returning from ML.
From India, Bangalore
Dear Member,
The views expressed by FC and Loginmiraclelogistics are appropriate to your inquiry.
I will just give my additional view to simplify such situations:
1. The rule of employer and employee relationship is that an employee holds his/her position policy and requirement of the management. The HR Policy on the subject of resignation/termination and leave have to be referred to in such situation.
An employee has all time right to submit resignation. There is no bar on submission of resignation during leave or absence period. However if an employee resigns during leave or absence and taking over is required from her/him, then the employee can be directed to hand over the charge and clear all dues. If the HR Policy empowers the Management to adjust the leave or recover for short notice period then suitable action can be taken accordingly.
Salary paid in respect of sanction leave can not be recovered. However if resignation is submitted during leave period, it is open to Employer to accept or refuse to accept the resignation. If resignation is not accepted, then leave has to be cancelled and employee directed to resume duties. And if the employee fails to resume duties or fails to show cause for the same, then the Employer can proceed to take disciplinary action as per HR Policy and decide on the issues related to notice period and recovery etc.
With regards,
Srivastava C.M. Lal
From India, New Delhi
The views expressed by FC and Loginmiraclelogistics are appropriate to your inquiry.
I will just give my additional view to simplify such situations:
1. The rule of employer and employee relationship is that an employee holds his/her position policy and requirement of the management. The HR Policy on the subject of resignation/termination and leave have to be referred to in such situation.
An employee has all time right to submit resignation. There is no bar on submission of resignation during leave or absence period. However if an employee resigns during leave or absence and taking over is required from her/him, then the employee can be directed to hand over the charge and clear all dues. If the HR Policy empowers the Management to adjust the leave or recover for short notice period then suitable action can be taken accordingly.
Salary paid in respect of sanction leave can not be recovered. However if resignation is submitted during leave period, it is open to Employer to accept or refuse to accept the resignation. If resignation is not accepted, then leave has to be cancelled and employee directed to resume duties. And if the employee fails to resume duties or fails to show cause for the same, then the Employer can proceed to take disciplinary action as per HR Policy and decide on the issues related to notice period and recovery etc.
With regards,
Srivastava C.M. Lal
From India, New Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf