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anjali-kharpuse
Sir,
i have worked as an Manager Accounts in a Private Limited Company from July-2006 to September -2017. in July-2017 i have applied for maternity leave .
first they said that we will provide you to work at home. but at the mid of September they said that its not possible to work at home
we have to hire some one at your place and also its possible to hire you after six month because some will already working at your place. basically they have terminated me saliently. i have that Company on 30th September-2017 as applied earlier . they have not paid any amount as maternity leave salary or gratuity. please suggest what should i do.

From India, New Delhi
umakanthan53
6016

This is September,2019. As such the post seems not clear to people like me since the maternity leave applied for by poster was effective from July,2017 while she was also asked by her employer to work from at home up to mid-September,2017. Subsequently, she was informed to be hired after six months as it was necessary to replace her job with a substitute as it was not possible to allot her any work that can be done from home. Probably, this piece of information passed on by the employer is alluded as termination of her services in the post. Therefore, in my opinion, the correct answer for further course of action as requested by the poster requires the following clarifications:
1) Whether the poster submitted any formal maternity leave application and if yes when and with effect from which date?
2) What was the probable expected day of delivery mentioned by the doctor in the certificate attached with the leave application form?
3) whether she received any communication in writing from the employer sanctioning or declining the leave applied for?
4) Was there any written communication between them about her rehire after six months?
5) Subsequent to delivery whether the poster tried to rejoin or wrote any letter requesting reposting?
6) Since the poster presumes her termination, whether formally asked the employer to settle her gratuity ?

From India, Salem
anilkatteri
7

No one is authorized to terminate when officially applied leave for Maternity. Don't decide yourself they have terminated. If you have valid document for applied maternity that is enough to fight for the right towards employer. Since you have not given any resignation don't think about gratuity. Speak your employer and solve it.
From India, Bangalore
anjali-kharpuse
I have not any documentary proof for applied for maternity leave and they have denied . They have said that we have to hire someone at your place and after six month its also not possible for us to hire you again because someone will working at your place.
I have not resigned and they have not terminated me officially .
They have given me relieving letter only .

From India, New Delhi
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