Absent for duty

SURAJ KANTHAMANGALA (Querist) 06 March 2012 This query is : Resolved
hai seniors,

one of our female employee was in pregnancy and covered under ESI act.
but she has not informed us about her leave or not produced any ESI certificate as she was on ESI leave nor sick leave. she is absent from jan 2nd . two days ago i have got some information from somebody that she delivered baby.
previously she has asked information about the leave and i have explained her about the leave formalities and policy.
-can i send her explanation letter nor terminate her service nor consider her loss of pay ?
-is there any issue will arise if i ask her to resign nor is it mandatory we have to consider her continuation of service.
-as i know sending letter is already delayed , is ther any issue will rise if i send now ?
as the ML act says employer should not terminate nor dismiss the employee during her ML - for seniors advise

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Kirti Kar Tripathi (Expert) 06 March 2012
Since, the fact has already cam to your knowledge. What is need to proceed further. She is entitled all the benefits available to her under Maternity Benefits Act. Even you ask her explanation, she will answer the same facts and provisions of Maternity Benefits Act will apply in that event.

Guest (Expert) 06 March 2012
The Act is very clear about maternity benefits. What is the problem in giving due benefit to the employee, as provided in law? When you know well that the employer cannot terminate services of a female employee during ML, I wonder, what was the use of putting such a question? Better try to prove as a good employer/Manager, rather than a bad manager, to avoid adding more contempt to the HR community in the eyes of employees.

Deepak Nair (Expert) 06 March 2012
She is absent from work from the month of January. Please note that they are eligible for a maternity leave of 3 months. Thus, termination of that employee will be considered as illegal.