I need your advise to go forward from my present situation.
I work for a Pvt software services company as Core HR. I have been employed for close to 2years in this company. I was on maternity leave for 3 months, during that period my employer did not pay salary saying, he will pay me once I return to my job.
Meanwhile during 3rd months of leave I request for extension of leave for 15 days, he agreed for the same. On the date which I am supposed to join back, I wanted to request for another 15days of leave since to take care of baby. So i requested for extension of leave on Phone to my HR, he said drop me an email I will talk to MD and let you know. So Immediately I dropped email requesting leave extension for another 15 days. He didnt reply anything so next day I enquired on phone for the same, for which he said we are looking for possibility by checking your existing earned leave( I have more than 10 ELs).
But to my surprise after 2days late in the night this guy informed me on whats app saying , sorry we are not able to take you.
Next day I went to office to find the reason, they said since you were supposed to report back on that day but you didnt hence we are terminating you for no show and we will not pay you maternity benefit and also no compensation for terminating.
I said you cannot do like this this is unlawful, but he is not agreeing saying that in our handbook we have such rules. Then I mentioned this is unlawful to dismiss an employee returning from maternity leave, but this HR is saying you were not on maternity leave you were on extended leave so that is not applicable.
I even tried to convince, you cant terminate with the reason saying "no show" since I already requested for leave on the same day, for which you didnt reply anything whether it is approved or not.
So I am planing to take legal action, can you please let know know how favorable that will be?
21st September 2014 From India, Hyderabad
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