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Anonymous
Hi , previously I worked MNC COMPANY 5 months after i got pregnancy issue unable to continue the work then I informed HR and TL through mail and call because am under treatment unable to travel for going office and 1 st fall I ask leave but they are refused then I send resignation mail they said need to serve notice period that time I couldn't so I continue that treatment after 1 yr I need to go another job without reliving letter I didn't get ah job so again I contact hr are explained everything and mail sended head of team they replied to pay the notice period amount.

I have paid the settlement amount then they sent an abscond letter then again I contact that team again explained everything but still dint receive a proper relieving letter. I dint abscond or abandon from company, HR and TL aware of this, I gave proper medical documents for pregnancy and reason for not able to continue. Without relieving letter I couldn't get job and it is so much stressed and emotionally sick due to no job and financial problems. Pls ans me? What can I do how to get proper reliving letter

From India, Surat
Hello Deepika,

There are a few non-compliance in your case and ensure whether you satisfy the following provisions of the Maternity Benefit Act-

You have not mentioned whether your firm employs more than 10 employees and whether ESIC will apply to you or not.

1.First of all you should have applied for Maternity Leave (i.e.for a period of 8 weeks before expected delivery date in proper form) for proper approval.

You have been mentioning informed thru' mails. What was stopping you submitting the application in person with necessary forms & certificate?

Have you presented your HR/HoD a medical certificate to this effect together with formal application?

Did you develop any complications during these 5 months and abruptly stopped going to duty?

2.You said you worked for 5 months and a female employee should have atleast 80 days of service to become eligible for ML. You have not indicated what's your Date of Joining and when you become eligible. It's generally believed a doctor can verify when a female is 3 months into pregnancy and indicate probable tentative date of delivery though by symptoms it could be sensed even earlier & certify that you know. Any action like this ?

The Maternity Benefit Act originally provided maternity benefit of 12 weeks, out of which up to six weeks could be claimed before delivery. In 2017, the law was amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you need not structure your leaves in this manner—you can instead take the entire 26 weeks of leave after the delivery. Also, these are maximum periods of claim and you can claim the benefit for a smaller period as well.

If the woman has more than two surviving children, the maternity benefit is for 12 weeks only.

3. What was the date of actual delivery and did you send a formal communication reg. this ?

4. When you exactly sent your resignation letter? Any communication from them, You did all over phone, no records ?

4. If the terms of employment indicate 'notice period' you are bound to serve the notice period. When (if) they asked you to serve the notice period you should have served the NP and got your relief.

However, An employer cannot dismiss a woman for taking maternity leave and cannot serve a termination notice to a woman on maternity leave which expires before the maternity leave ends. Also, an employer can’t change the terms of service to the woman’s disadvantage during her maternity leave.

From India, Bangalore
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