Maternity leave

Guest (Querist) 03 January 2012 This query is : Resolved
Dear Experts.
need a suggestion on a case. One employeeis seeking LWP till June 2012. she has not attended office from first week of Nov onwards and has been extending her leave on one pretext or other. Now she claims to have high risk pregnancy and wants leave without pay till delivery and thereafter will avail all benefits as per maternity act.
as per our information, though the news of pregnancy is correct, she is actually planning to move with her husband in Canada. she is searching for a job there and will quit as soon as she gets one.
my question is
(a) what are your suggestions to stop such malpractices. I have asked for medical documents to prove high risk pregnancy but I am sure she will get one made
(b) can we terminate her without fear of a legal action from her side?

regards

sushil

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Devajyoti Barman (Expert) 03 January 2012
Unless you could establish that fact the maternity factor would definitely go in her favour.
You rather wait for her leaving for Canada as thereafter you would have no legal hassle to terminate her job.

Deepak Nair (Expert) 03 January 2012
In reply to the leava application, you can reject the application and ask her to resume office immediately. If she fail to resume the office, then you can seld warning letter for termination and then as per the terms and conditions of the appointment letter, you can terminate the employment by issuing sufficient notice.

If you feel that the reason for the leave are false and fabricated, then you can ask for the medical papaers and get an opinion of another doctor/gynac.

Please take any such steps for termination only after ensuring with wtrict proof that the reasons for leave are false and fabricated.

H. S. Thukral (Expert) 03 January 2012
Under the maternity Benefits Act, termination of service during the pregnancy shall be illegal. Law provides that you can deprive the employee of maternity benefits if she has not put in requisite attendance before going on maternity leave. But as Mr. Barman advised it shall be easier for her to discharge from service after she moves abroad.

prabhakar singh (Expert) 03 January 2012
Here too nothing remains to be added.

Guest (Querist) 03 January 2012
dear Experts,
thanks for your valuable inputs. I am closing the query.

Shonee Kapoor (Expert) 05 January 2012
Never mention.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M/s. Y-not legal services (Expert) 06 January 2012
am also agree with barman sir's view..

-tom-

Guest (Querist) 11 January 2012
query closed

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