Navigating Background Checks: Should My Friend Worry About Her Maternity Leave Gap?

Here is my friend's situation. She worked in a small company for 19 months starting from February 2012. She then became pregnant and went out of India for 6 months along with her husband. She came back and was then at home due to maternity leave for 12 months, making a total of an 18-month gap. She recently rejoined the same company just a week ago. Since it's a small company, her employer is willing to provide an experience certificate showing her joining date as July 2012 and relieving date as January 2015. She has been offered a position in a big Indian MNC with a salary increase from 5K to 35K per month. She plans to show only a 10-month maternity leave. The company where she is selected conducts rigorous background checks.

Concerns About Background Checks

If the current employer is willing to provide an experience certificate despite the 18-month maternity leave and if they disclose this information to background check agencies, should my friend be concerned? She has owned her house and resided there since December 2014. Would the company request addresses dating before December?

The company would be aware of her 6-month absence from the country through her passport, but she can explain it as part of her maternity leave. The current employer is prepared to state that the maternity leave lasted only 10 months. During the interview, my friend mentioned receiving salary in cash, hence there are no financial records. Is there any cause for concern regarding falsifying experience (considering the extended maternity leave) with the employer's assistance?

Any suggestions, please.

Summary of Employment and Maternity Leave

Joining date: February 2012

Date when she went on maternity leave: July 2013

Return to job: December 2014

Selected in MNC: January 2015

Joining MNC: February 2015

Getting experience letter with joining date as February 2012 and relieving date as January 2015. Does she need to worry about 18 months of maternity leave? Can she just say that she was on maternity leave for 10 months and mention that she returned to work in May 2014?

Thanks.

Understanding Maternity Leave and Employment Gaps

What I assume is that she was not in the company for 18 months. According to the Maternity Benefit Act of 1961, a female employee is eligible for maternity leave for 12 weeks, for which she has to work for 80 days in the 12 months immediately preceding the date of delivery. Additionally, in the case of a miscarriage, 6 weeks of leave with pay is granted at the same rate as applicable to maternity benefits.

What I also understand is that no employer will provide additional maternity benefits with leave for a period longer than the above-mentioned period. Who would accept irrelevant logic in your friend's case? Sooner or later, the truth will be out.

Maternity Leave Disclosure Concerns

In the above case, is it advisable to let the company know that she was on maternity leave for 10 months? Will the company (MNC) object if the maternity leave is for 10 months?