can a company ask for re-fund of Maternity benefit, if the employee does not join back after delivery...
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 31 December 2009
No. Company has other options to initiate disciplinary action against such employee under its rules but it cannot demand refund of maternity benefits to it.
Lipika (consultant) 31 December 2009
is the non- refund part mentioned anywhere in the act or is it there in any case judgements?
I look forward for your response on this.
V. VASUDEVAN (LEGAL COUNSEL) 31 December 2009
The entitlement for the maternity benefit is based on Sec.5. - As per sub-sectin (2) a woman is automatically entitled to the benefit if she had actually worked for period of not less than eight
months in the twelve months immediately preceding the date of her expected delivery. Hence her not joining for duty subsequently cannot dis-entitle her from this accrued benefit. Hence as advised by Adv.Makkad the only option available is to initiate action for discharge..