Facing Job Termination After Maternity Leave: How Would You Handle This Situation?

Dear Seniors, One of my acquaintances is working with a large textile industry and was on maternity leave for 3 months. During the leave, she became depressed and could not rejoin her duties. When she requested an extension of leave (without pay), she was asked to resign; otherwise, she would be taken off the rolls (terminated). Please suggest.

Regards, Sanjay

Approval of extended maternity leave, i.e., beyond the scope of the act and rules, is the choice of the management of the company. If she is depressed, it may also reflect on her work and, in turn, on her family life. It is better if she makes a decision based on her medical condition and her priorities.

Legally, management can take a disciplinary course of action and terminate her services.

Regards,
Preetam Deshpande

I doubt management can make the decision to ask for resignation or terminate her services for the very overt and cogent reason of an extension of leave without pay when one is on maternity leave. A good management will not do that. Instead of disciplinary action (for no reason), good management should try to help the lady settle for a while and resume her work. For such small issues, management should not be fussy about.

Suggestion for Leave Application

What I suggest is to apply for leave on medical grounds with a certificate for the relevant period.

Regards,
Adv. K. H. Kulkarni

As per the provisions of the Act, the employer cannot change the service conditions. This includes not being able to terminate the service, and there is also a provision for the extension of leave if the medical condition requires it, as recommended by a doctor. The said period can only be extended for one month. Beyond that, it will be at the sole discretion of the employer.