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Dear Seniors,
One of my acquaintance is working with a large Textile industry and was on maternity leave for 3 months. During the leave she got depressed and could not join back her duties.When she requested for extension of leave(without pay), she has been asked for resignation else she will be taken off rolls(terminated).
Please suggest.
Regards
Sanjay

From India, Ahmadabad
Dear Member
Approval of Extended maternity leave , i.e. beyond the scope of the act and rules , is the choice of the Management of the Company. If she is depressed , it may also reflect on her work.and in turn on her family life. It is better if she takes a decision based on her medical condition and her priorities.
Legally, management can take a disciplinary course of action and terminate her services.
Regards
Preetam Deshpande

From India, Mumbai
I doubt management can take decision to ask for resignation or terminate her services for the vary overt and cogent reason of extension of leave without pay when one is on maternity leave. A good management will not do that. Instead of a disciplinary action (for no reason), a good management should try help the lady to settle for a while and resume her work. For such small issues, the management should not be fussy about.

What I suggest, just apply for a leave on medical grounds with certificate of the relevant period.
Adv. K. H. Kulkarni

From India, Kolhapur
As per provision of the Act the employer cannot change the service conditions ie. They cannot terminate the service and likewise there is provision for extension of leave further if the medical condition calls for as recommended by doctor. The said period can only be extended for 1month. Beyond that it will on sole discretion of the employer.
From India, Jamshedpur
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