1. #1
    Unregistered

    Female employee took maternity leave without informing the management

    We had recently appointed one female employee for some managerial position. She came to office only one month and then took leave. After 5 days she sends a mail saying that she is not feeling well and need one month rest for the same. Again after 2 months she sends another mail saying that she is pregnant and wants complete rest and again extends her leave. After few more months, another mail arrives from her saying that she has been blessed with boy baby and this should be considered as her maternity leave. Company is not interested to keep her and her salary is not paid for the days she has worked. What should we do in such case?

  2. #2
    san8 Array
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    Re: Female employee took maternity leave without informing the management

    Actually there is no problem since her salary for leave days were not paid. Maybe the company should wait and see her qualities, who knows she might posses some good qualities which would be beneficial for the company. So let her take her time and see to her performance back at work. If she is found not worth keeping then the company should definitely employ another person in place of her. It is essential for a company to have disciplined employees and if that person fails to maintain that better to replace her.

  3. #3
    Labournet Law Consultancy Array
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    Re: Female employee took maternity leave without informing the management

    Maternity leave as to be given under the Maternity Relief Act. As per section 5 of the Maternity Relief Act an employee is entitled to maternity leave if that female employee as worked in that establishment for more than 160 days before the date of expected delivery.

    But since she has only worked in your company for 30 days she is not entitled to any maternity leave. Hence your company is not legally bound to give any maternity benefits to that employee.

    A female employee who is claiming the maternity leave has to apply to the employer in the prescribed form as it things fit specifying the date on which she want leave which should not be the date earlier than 6 weeks from the date of her respected delivery.

    A female employee who has not given the notice of pregnancy may give such notice as soon as after her delivery.

    If your company has got a mail stating that she want leave as maternity leave then your company should reply to it by saying that she is not entitled to maternity leave since she was worked only for a period of 30 days.

    Even if you want to discontinue her service in your company then you can only dismiss her after following the rules and regulation which should have been followed to a regular employee or according to the standing order of the company.

    But you cannot dismiss her with out giving the salary during which she has worked in your company.
    LabourNET Law Consultancy
    Leading Labour law Compliance Consultancy in Kerala having PAN India presence.
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  4. #4
    sagar R. Array
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    Re: Female employee took maternity leave without informing the management

    It's too much difficult condition and take dicision what should be do for that woman who appointed at managerial position and behave such like that.
    Now , you all should follow the company's Leave policy.In the Leave policy , all the things are mention about the leaving.
    Accordint to Leave policy , any woman should inform in the company HR department about her leave before 45 days.
    Then after HR gives the maternity leave according to company's leave policy.Mostly company give maximum 6 month maternity leave and thenafter she should join the duty regularly.

    Here , In that case , Lady not take Leave before and not inform through application.And Most important is that she join the company just a before a month of her leaving.so,When lady will start her duty,company should consider her as your new employee and not paid her salary of her maternity leave.

    In that case , company should only pay for her working days and not paid for her maternity leave due to her misbehave during maternity leave and break the company's leave policy.but if she want to rejoin the company , company should accept her job as their new employee.

  5. #5
    neha agarwal Array
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    Re: Female employee took maternity leave without informing the management

    Hi,

    If she had already worked for 1 month in the company, then her team and manager got to know her capability of handling the work as well as her behavior. As you told that time she was not well and took leaves and from her home only she has extended the leaves as maternity leaves till the time she delivered the baby. Yes I can understand its totally an exceptional case, as you have not paid her for this around one year then its totally depends on you, either give her one more chance to work with you or you can also ask her to resign from the duties. If you feel that she could be an important resource for the company, then can try to keep her as an employee and see her performance for some time being, but in case you found that there is no worth to keep her or she repeat the same thing then you can strictly ask her to resign officially or can terminate her if she denied to give a resignation.

  6. #6
    Madhu M Array
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    Re: Female employee took maternity leave without informing the management

    Hi..I think she is completely an irresponsible employee and does not deserve to remain an employee of your company..Firstly she attended the office for just one month and then after that she has taken so many holidays without even coming for a single day in between..This is certainly highly ridiculous and such employees should certainly not be entertained..

    Firstly as per the rules she should have attended the office for atleast 160 days before she could avail the maternity leave and she wasnt certainly eligible for that..

    So firstly you should pay her for whatever time she has spent in your offfice also depending upon how many leaves she was allowed at that time according to the rules of your company..

    Call her or some of the family member , give them the remaining salary and then terminate her services immediately..Tell her to serve her notice period as per the rules and then leave..

    Good luck.. Thanks

  7. #7
    Expert Array
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    Re: Female employee took maternity leave without informing the management

    Hello Friend !!

    The way she is communicating and making reasons for leave is not in the formal way, and this states that she is not serious about the Job and Responsibilities.

    The best thing you can do is, clear off her records and send a termination letter through mail.

    If she insists to leave the company, then ask her to make a bond with the company.

    If she accepts, then let her continue else ask her to quit from the company.

    If you want to give her a chance with mercy, then warn her and ask her to report immediately.

    Ask her to give assurance, that she will be stable at work once she is back.

    Good Luck !!

  8. #8
    vijaybanna Array
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    Re: Female employee took maternity leave without informing the management

    Dear friend Maternity Leave is only allowed to the female employees that are permanent ..as the employee that you have mentioned has not even completed the time of 1 month so she is not permanent then you can she be availed the maternity leave.. The company management has the full rights to discontinue the employees services and terminate her from the job..giving the reason..there will be no issue in that.. You can also provide her a some warning period so that she can join again but for the leave she will no be paid.. So go for it..

  9. #9
    Ashok Array
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    Re: Female employee took maternity leave without informing the management

    Quote Originally Posted by Unregistered View Post
    We had recently appointed one female employee for some managerial position. She came to office only one month and then took leave. After 5 days she sends a mail saying that she is not feeling well and need one month rest for the same. Again after 2 months she sends another mail saying that she is pregnant and wants complete rest and again extends her leave. After few more months, another mail arrives from her saying that she has been blessed with boy baby and this should be considered as her maternity leave. Company is not interested to keep her and her salary is not paid for the days she has worked. What should we do in such case?
    Dear Aspirant,

    The way she has claimed the maternity leave seems not proper.The maternity leave is claimed with the advise of doctor along with the leave application.This is generally applied one month prior to the expected date of delivery.

    If she produces the medical certificate for delivery case,she may be sanctioned the maternity leave.Being a woman she may be considered once.If she continues not to take interest in works even here after,she may be terminated after giving her show cause first & then notice if the probation period is over otherwise she can be terminated at any time without giving her notice but after sanctioning her maternity leave & making payment for that as per applicable rules.

    Thanks.

    Ashok

  10. #10
    lifesamess Array
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    Re: Female employee took maternity leave without informing the management

    Hi..It was certainly ridiculous on the part of your employee to just attend her work for 1 month and then take such a LONGG leave..I think such employees dont deserve a second chance and they certainly should be kept as an employee as they dont desrve it..Also this will be a good lesson for her in the future and thus she wouldnt dream of doing such a thing in future and cheating her employers like that..

    Firstly you call her to your office and give her due salary which is pending and also hand her termination letter ..Then you tell her that why your company has taken such a step and that sje wasnt eligible for the matsernitry leave in the first place as she hasnt completed her minimum time of 160 days..

    Hope she realizes her mistake and doesnt do such things in future..

    Good luck..THanks

  11. #11
    Boss Array
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    Re: Female employee took maternity leave without informing the management

    Actually there's no drawback since her remuneration for leave days weren't paid. perhaps the corporate ought to wait and see her qualities, World Health Organization is aware of she may posses some smart qualities which might be helpful for the corporate. thus let her take her time and see to her performance back at work. If she is found not value keeping then the corporate ought to positively use another person in situ of her. it's essential for an organization to own disciplined workers and if that person fails to take care of that higher to interchange her.
    But since she has solely worked in your company for thirty days she isn't entitled to any maternity leave. thus your company isn't wrongfully guaranteed to provide any maternity edges thereto worker.
    A feminine worker World Health Organization is saying the maternity leave needs to apply to the leader within the prescribed kind because it things match specifying the date on that she wish leave that shouldn't be the date sooner than half dozen weeks from the date of her revered delivery.

    A feminine worker World Health Organization has not provide the notice of physiological condition could give such notice as presently as once her delivery.

    If your company has a mail stating that she wish leave as maternity leave then your company ought to reply to that by spoken language that she isn't entitled to maternity leave since she was worked just for a amount of thirty days.
    even though you wish to discontinue her service in your company then you'll solely dismiss her once following the principles and regulation that ought to are followed to a daily worker or in line with the order of the corporate.

  12. #12
    venki Array
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    Re: Female employee took maternity leave without informing the management

    Hi friends,
    Hope you are in good health and good state of mind!
    It's always a treat and fun to answer your queries.
    I also appreciate the confidence that you have shown in us!
    1)she is completely an irresponsible employee and does not deserve to remain an employee of your company..

    2)Firstly she attended the office for just one month and then after that she has taken so many holidays without even coming for a single day in between..

    3)This is certainly highly ridiculous and such employees should certainly not be entertained..

    4)Firstly as per the rules she should have attended the office for atleast 160 days before she could avail the maternity leave and she wasn't certainly
    eligible for that..

    5)So firstly you should pay her for whatever time she has spent in your offfice also depending upon how many leaves she was allowed

    at that time according to the rules of your company..

    6)Call her or some of the family member , give them the remaining salary and then terminate her services immediately..

    all the best

    I hope I have answered all your doubts.
    It was a pleasure answering your queries.
    Hope that you'll come up with some more challenging queries!
    Till then,take care.
    Bye!

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