Hello everyone
I am seeking for advice.
I was working with a company as Manager -HR.
I was on maternity leave for 6 months but during that period I was working from home as I was the only person taking care of HR in the company. On request of the management I agreed to work from home also during my maternity and as per my comfort level. But I was working on a daily basis as a normal employee does. Now as the maternity period was about to end they said me to come and join the office but I requested them to extend the leave for next 4-5 months on humanitarian grounds as the baby needs me to take his care. No one else is at home to take care of him. The said to join the office on 1st Feb but then they send the termination mail on 31st January at 2.00AM n didn't even gave me time to go to the office on 1st Feb.
Please suggest can any legal action be taken against them as I have not received any maternity as such. N also I was terminated and not even asked to serve the notice period. For Full and Final they just paid the salary for January n no other compensation as they terminated without any notice.
Please help me out for this.
Thanks
From India, Pune
I am seeking for advice.
I was working with a company as Manager -HR.
I was on maternity leave for 6 months but during that period I was working from home as I was the only person taking care of HR in the company. On request of the management I agreed to work from home also during my maternity and as per my comfort level. But I was working on a daily basis as a normal employee does. Now as the maternity period was about to end they said me to come and join the office but I requested them to extend the leave for next 4-5 months on humanitarian grounds as the baby needs me to take his care. No one else is at home to take care of him. The said to join the office on 1st Feb but then they send the termination mail on 31st January at 2.00AM n didn't even gave me time to go to the office on 1st Feb.
Please suggest can any legal action be taken against them as I have not received any maternity as such. N also I was terminated and not even asked to serve the notice period. For Full and Final they just paid the salary for January n no other compensation as they terminated without any notice.
Please help me out for this.
Thanks
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Hi,
No employer can deny a woman employee’s maternity benefit. If your employer denied your maternity benefit or has dismissed or discharged you from services you can consult an employment and labor lawyer and send a legal notice to your employer regarding the denial of your maternity benefit. An employer who denies a woman employee’s maternity benefit claim can be punished with imprisonment for up to 3 months, fine for up to Rs. 5000, or both. If your employer has dismissed or discharged you from service, he can be punished with imprisonment for 3-12 months.
From India, Madras
738No employer can deny a woman employee’s maternity benefit. If your employer denied your maternity benefit or has dismissed or discharged you from services you can consult an employment and labor lawyer and send a legal notice to your employer regarding the denial of your maternity benefit. An employer who denies a woman employee’s maternity benefit claim can be punished with imprisonment for up to 3 months, fine for up to Rs. 5000, or both. If your employer has dismissed or discharged you from service, he can be punished with imprisonment for 3-12 months.
From India, Madras
Can I also claim for notice pay as they terminated without any prior notice or warning. They terminated me even before the day they asked me to join.
From India, Pune
From India, Pune
Hi, Yes as per the terms and conditions of your Appointment letter proper notice to be served by either party. Please check and add this point as well.
From India, Madras
From India, Madras
If the termination is prior to the ending of your maternity leave, the issue is very serious. It is true that the employer can take a call on the extension of leave and if they refuse, the employee cannot do anything especially when you are working in a managerial position. Again, as you said, the notice period or notice pay as applicable should have been complied with. This is unfair.
From India, Kannur
From India, Kannur
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf