How Can I Professionally Exit My Job After Maternity Leave to Secure My Experience Certificate?

Hi, I was blessed with a baby in April 2012. I have taken 3 months of Maternity Leave in my company. As I had undergone a cesarean and had an infection at the cuts, I had taken an additional 1-month leave with a doctor's certificate.

When I went on Maternity Leave, I was kept on the bench in my company. Due to some personal reasons, there is now no one to look after my baby. So, I requested the company to grant me 3 more months so that the baby can complete her 6 months, thus I can return to the company and serve the 3 months' notice period (I resigned from the company as there is no one to look after the baby).

I also submitted the Medical Certificate stating that the baby needs the mother for at least 6 months as she cannot have formula milk. However, the company is not accepting the leave and stating that there will be no more leaves sanctioned for me. They are also saying that if I do not return to the office and serve the 3 months' notice period, then the company will abscond me. They have also mentioned that they have already sent a show cause notice. As I need the experience certificate, these people are handling the situation in this manner. How can I exit the company in a professional manner to obtain my experience certificate?

Employment Gap and Relieving Letter Concerns

You were on leave for almost four months before rejoining work. There was no dependability on you during this period. Under normal circumstances, the company can ask you to resign and relieve you with immediate effect. There will obviously be a gap in your employment history. Even if they provide you with a relieving letter, it will be dated back to the time before you proceeded on Maternity Leave. You should request a relieving letter.

I have requested a 3-month leave extension with loss of pay (LOP), to receive a payout from the company, or to work from home. However, the company is unwilling to consider any of these options and is insisting that I return to the office immediately to serve the mandatory 3-month notice period. They have also threatened to issue a show cause notice and claim that I have abandoned my position at the company.

Well, if the company does not have any policy allowing people to work from home or granting seven months of leave in a year (3+1+3), they certainly will not create one for you. However, I strongly believe that they should have accepted your resignation letter and relieved you from your responsibilities. As I said previously, in such scenarios, your last working day will be the day you begin your maternity leave. Talk to HR and your seniors.

I am not worried about the date in the relieving letter. But the thing is, I had already submitted the medical certificate for three months. I also requested HR to relieve me early as I was on the bench, but none of them are listening. I have also requested that I will pay three months' salary, but they are not ready. They are saying that we have already sent a show-cause letter and are also accusing me of absconding even though I am in contact with them. If they are proceeding like this, how should I handle this? Do I need to proceed legally because the Vice President of HR is also not responding?

Please check the dates of your leave approvals and seek advice from an advocate. This is the only solution to this issue.

Dear Kavya, Don't worry. During maternity leave, management cannot claim you are absconding, nor do they have the right to issue a show cause notice. You can raise a legal dispute.

Regards, V. Subbarao

You need not worry about the 3 months of maternity leave for which you were legally entitled. Now, the question is about the subsequent leave. When the company is not ready to accommodate you even on humanitarian grounds, it is difficult to prevail upon the company by any means to sanction the leave. A show cause notice must be issued for the absence after the maternity leave. Produce a medical certificate and request the regularization of the absence.

If you are unable to serve the notice period, make payment in lieu of the notice period and have your resignation accepted.

Regards,
Prakash

I understand your situation. It happens because, in companies, there cannot be policies to cover every contingency. Moreover, HR is not always competent enough to advise the management on the right course of action, nor are they always humane enough to empathize with the genuine problems of employees and act in a rightful and just manner.

Maternity Leave and Post-Maternity Leave

Your case of availing Maternity Leave attracts no dispute. For the post-maternity leave due to medical complications, you have already produced the medical certificates from the attending doctors. "Absconding" charges can only be applied where there is no communication about the whereabouts from the delinquent employee, which is not the case here.

Management and HR Conduct

It is amply clear that the management and HR are acting in a high-handed, insensitive way and applying pressure techniques. It is better to leave such an organization. Please discuss the matter with the senior management and sort out an amicable solution.

Warm regards.