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Lipika (consultant)     31 December 2009


can a company ask for re-fund of Maternity benefit, if the employee does not join back after delivery...


 3 Replies

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.

1 Like

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..


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