Leave after Maternity Leave - company is not accepting

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

When I went to Maternity Leave I was kept in Bench in my company. Due to some personal reasons now there is 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 come to the company and serve the 3 months notice period ( I resigned the company as there is no one to look after the baby).

I also submitted the Medical Certificate saying that the baby needs mother at least for 6 months as she cannot have the formula milk. But, the company is not accepting the leave and saying that there will be no more leaves sanctioned for me and saying that if I will not come to the office and serve the 3 months of notice period, then the company will abscond me. They are also saying that they have already sent a show case notice. As I need the experience certificate, these people are doing in this manner. How can I get out of the company in a clean manner by getting my experience certificate.

You were on leave for almost FOUR months before joining the work. There was no dependability on you. In 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 give you relieving letter, it will be dated back to the date before you proceeded for Maternity Leave. You should request for relieving letter.

I have requested for 3 Months Leave extension with LOP or to pay out the company or to do work from home. But the company is not ready to accept anything and are asking to come to the company and compulsorily serve the 3 months of notice period immediately by joining the company. And also threatening me that they have already sent the show case notice and will say that I have absconded the company.

Well, if the company does not have any such policy of allowing people to work from home or giving leave of Seven Months 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 the HR and to your seniors.

I am not worried about the Date in the Releaving letter. But the thing is I had alreadt submitted the Medical certificate for 3 months. I also requested HR to releave me at early as i was in bench, but none of them are listening. i have also requested that I will pay 3 months salary, but they are not ready. They are saying that we have already sent a show case letter and also absconding me even though i am in contact with them. if they are proceeding like this how i should handle this. do i need to proceed legally. because the vice president of HR is also not responding.

Write an email to the HR Head with CC to concerned HR Manager and your reporting manager. State the entire scenario and also list possible plan of action. You should also mention that you are seeking legal advice. I don't think there should be any problem.

Hi
Please chec the dates of your leave approvals, seek adivce from an advocate . only solution to this issue.

Dear Kavya
Don\'t worry.At the time of maternity leave management can not say as abscond and they are not having any right to issue show cause notice. Raise legal dispute
Regards
v.subbarao

HI,
You need not worry about 3 months ML for which you were legally entitled to. Now the question is about the subsequent leave. when the company is not ready to accommodate you even humanitarian grounds, it is difficult to prevail upon the company by any mode to sanction the leave. show cause notice must be for the absence after the maternity leave. produce medical certificate and ask for regularisation of absence.
If you are not able serve the notice period, pay in lieu of notice period and get your resignation accepted.
regards
prakash

Dear Kavya
I understand your situation. It happens because in companies there can not be policies to cover every contingencies.
Moreover, the HR are not competent enough to advise thee management on the right course of action; nor are they humane enough to empathise with the genuine problems of employees and act in a rightful and just manner.
Your case of availing Maternity Leave attracts no dispute. For the post-maternity leavee due to medical complications, you have already produced the medical certificates from the attending doctors.
"Äbsconding" charges can only be applied where there is no communication about thee whereabouts from the delinquent employee; which is not the case here.
It is amply clear that the management and HR is 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.