Hi, I am new in the HR field. Please guide me on the following scenario: If a lady resigns during her maternity leave, i.e., during her 3rd month of maternity leave if she receives another offer, what will be the consequences?
1) Does she need to serve the notice period or not?
2) Can the employer recover notice pay if they find the reason behind the resignation?
3) Can the employer recover the maternity salary paid to her for the first two months?
Please guide.
From India, Mumbai
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11) Does she need to serve the notice period or not?
2) Can the employer recover notice pay if they find the reason behind the resignation?
3) Can the employer recover the maternity salary paid to her for the first two months?
Please guide.
From India, Mumbai
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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 the 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 cannot be recovered.
Would suggest waiting for other seniors to respond.
From India, Ahmadabad
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1) Yes, after completion of her maternity leave, she has to serve the notice period as per the Termination Clause.
2) If the 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 cannot be recovered.
Would suggest waiting for other seniors to respond.
From India, Ahmadabad
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Dear friend,
Matters of resignation don't come under the Maternity Act. So you have to refer to your own HR Policy as to what it says regarding resignation and advance notice period. It depends on your policy guidelines. Here are my views:
1) Whether she needs to serve the notice period or not?
Yes. Alternatively, if your policy allows, you can adjust unutilized leave (PL/EL) to equivalent days of the notice period and relieve her. Or as FC said, allow her to serve the notice period after the lapse of ML and then relieve her.
2) Can the employer do notice recovery if they find the reason behind the resignation?
The right to resign from one's post is one's own prerogative. I don't comprehend that the reason for resignation should be the basis to recover the cost from her. The employer is vested with only the right to impose the notice period and cannot prevent her from joining other firms.
3) Can the employer recover the maternity salary paid to her for the first two months?
I concur with the views of Saji. The ML is permissible based on fulfilling the conditions in the past service; it has nothing to do with future service, and there is no compulsion for her to serve your company after returning from ML.
From India, Bangalore
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Matters of resignation don't come under the Maternity Act. So you have to refer to your own HR Policy as to what it says regarding resignation and advance notice period. It depends on your policy guidelines. Here are my views:
1) Whether she needs to serve the notice period or not?
Yes. Alternatively, if your policy allows, you can adjust unutilized leave (PL/EL) to equivalent days of the notice period and relieve her. Or as FC said, allow her to serve the notice period after the lapse of ML and then relieve her.
2) Can the employer do notice recovery if they find the reason behind the resignation?
The right to resign from one's post is one's own prerogative. I don't comprehend that the reason for resignation should be the basis to recover the cost from her. The employer is vested with only the right to impose the notice period and cannot prevent her from joining other firms.
3) Can the employer recover the maternity salary paid to her for the first two months?
I concur with the views of Saji. The ML is permissible based on fulfilling the conditions in the past service; it has nothing to do with future service, and there is no compulsion for her to serve your company after returning from ML.
From India, Bangalore
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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 has to be referred to in such a 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 him/her, 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 a short notice period, then suitable action can be taken accordingly.
Salary paid in respect of sanctioned leave cannot be recovered. However, if resignation is submitted during the leave period, it is open to the Employer to accept or refuse to accept the resignation. If the resignation is not accepted, then leave has to be canceled, and the employee directed to resume duties. 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 the notice period and recovery, etc.
With regards,
Srivastava C.M. Lal
From India, New Delhi
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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 has to be referred to in such a 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 him/her, 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 a short notice period, then suitable action can be taken accordingly.
Salary paid in respect of sanctioned leave cannot be recovered. However, if resignation is submitted during the leave period, it is open to the Employer to accept or refuse to accept the resignation. If the resignation is not accepted, then leave has to be canceled, and the employee directed to resume duties. 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 the notice period and recovery, etc.
With regards,
Srivastava C.M. Lal
From India, New Delhi
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