Hi, I worked with the company for 1 year and 10 months. I was denied maternity leave and asked to resign, with a promise of rejoining and full cooperation regarding work from home (WFH) and flexible timings upon rejoining.
Now, at the time of rejoining, the employer is not cooperating at all. Instead, they are asking me to join another branch of the office which is 35 kilometers away from my current office.
Officially, I don't have any written proof of the denial of maternity leave. They only have my resignation letter, but I possess all relieving documents.
Can I take any legal action now? It's been more than 6 months since I was relieved from my services.
From India, Gurgaon
Acknowledge(0)
Amend(0)
Now, at the time of rejoining, the employer is not cooperating at all. Instead, they are asking me to join another branch of the office which is 35 kilometers away from my current office.
Officially, I don't have any written proof of the denial of maternity leave. They only have my resignation letter, but I possess all relieving documents.
Can I take any legal action now? It's been more than 6 months since I was relieved from my services.
From India, Gurgaon
Acknowledge(0)Amend(0)
Please engage a lawyer of good repute and serve them with notice. Explain all facts, even if you may not have certain documents as you said. I am sure you will get reprieve.
Having said that, try to put on record when you initiate correspondence with the company regarding the facts and give a notice of 15 days. Then, arrange a legal notice along the same lines.
I don't think the management has any option to deny the maternity benefit legally as per the Maternity Act. Do not delay.
From India, Tiruchirappalli
Acknowledge(0)Amend(0)
16Having said that, try to put on record when you initiate correspondence with the company regarding the facts and give a notice of 15 days. Then, arrange a legal notice along the same lines.
I don't think the management has any option to deny the maternity benefit legally as per the Maternity Act. Do not delay.
From India, Tiruchirappalli
Acknowledge(0)Amend(0)
I appreciate the answer of the learned member Mr. Narasimhan, but I would suggest considering another job option as well. This is because a legal fight with an ex-employer may lead to some difficulties if you decide to work with them again. You can file a complaint against them and seek the help of a good lawyer. Remember, you don't have proof, and the court will need proof. So, think wisely and make your decision accordingly. As you mentioned that you didn’t receive your salary during the maternity leave tenure, you can use this as leverage in your favor. For further clarification, senior colleagues can help.
Thanks,
Monika Sharma
From India, Delhi
Acknowledge(0)Amend(0)
Thanks,
Monika Sharma
From India, Delhi
Acknowledge(0)Amend(0)
Dear friend, you have dug your own grave by submitting your resignation during pregnancy. I do not see anything good coming out of a legal battle; it would only drag you into more problems. If you are considering going for a legal fight for justice, the resignation from your job could stand as a hurdle. I suggest you discuss the matter with a reputed lawyer and decide what would be best for the issue.
If you are desperately searching for a job, then accepting the offer to rejoin your past employer could be an option if other opportunities are not available to you. It would have been better if you had sought direction before resigning from the job. Mr. Narasimhan TS provided valid views on fighting for justice, but one should have patience to reap the benefits legally sanctioned under the Maternity Act. Now, it is up to you and your spouse to decide how to proceed with the matter for the better.
I hope this helps.
From India, Mumbai
Acknowledge(0)Amend(0)
If you are desperately searching for a job, then accepting the offer to rejoin your past employer could be an option if other opportunities are not available to you. It would have been better if you had sought direction before resigning from the job. Mr. Narasimhan TS provided valid views on fighting for justice, but one should have patience to reap the benefits legally sanctioned under the Maternity Act. Now, it is up to you and your spouse to decide how to proceed with the matter for the better.
I hope this helps.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Right to payment of maternity benefits.doc
Maternity Benefits Act 1961.pdf