Facing Unexpected Job Termination After Maternity Leave: Seeking Advice on Legal Action

Dear all,

I have been working in a private limited company for more than 25 months. I was on maternity leave until the last week before my delivery. After three months, I requested a two-month extension of my leave without pay by submitting a proper letter. Previously, my seniors in the office had granted a three-month leave extension without pay.

However, upon attempting to rejoin on my scheduled date, I was informed that my return needed to be postponed for a few weeks as the management would provide further details. Within a week, I received an email stating that the management had decided to terminate my employment with one month's pay, effective immediately. Despite requesting a reason, I received no response and was informed that I would need to submit a resignation letter to obtain my experience and relieving letters.

I am considering taking legal action against the company. Throughout my pregnancy with twins, I continued to work diligently, only to be abruptly stopped without explanation and left without the opportunity for discussion.

Seniors, please assist me in this matter.

Legal Recourse for Maternity Leave Issues

It will be a serious issue, and the employer could be sued if you raise a complaint in court. You are supposed to get leave with pay for 90 days towards maternity benefits as per The Maternity Benefit Act, 1961, Section 5. Go through the act in the link below, which has details of the extension of leave, etc.: http://pblabour.gov.in <link fixed>

If you can't go to court, you can raise an industrial dispute with your regional labor officer. They will call the employer and advise them to reinstate you to avoid damages.

Understanding Company Policy on Leave Without Pay

First, know what the company policy mentions regarding Leave Without Pay after Maternity Leave.

Written Communication for Leave Extension

Secondly, check if there is written communication or official email communication regarding the acceptance of your extended leave without pay. Verbal communication is not sufficient, especially when the leave duration is longer.

Illegal Termination During Maternity Leave

What your employer has done is outright illegal. It is your rightful claim for maternity leave, especially in a Private Limited Company, after having worked for 25 months. The government stipulates that in cases where the maternity leave period needs to be extended, it could be done, even without pay, if you have exhausted your regular leave. However, you are entitled to maternity leave with pay for 3 months and job security after your maternity leave.

Terminating an employee to avoid employing a mother with infants is clearly illegal. You should proceed and challenge this situation, even if it requires publicizing it on social media, as was done in the TCS case.

Best wishes

Thank you very much, Mr. Stephen, Amith, and Rashikbhaikannan. Actually, I went on my maternity leave in September 2014, and I was supposed to rejoin on the 16th of December 2014. I personally went and submitted a written request for an extension of my leave without pay. My senior informed me that the Executive Director of the company, who was out of the country, would confirm the extension. He called me and informed me that the leave had been approved without pay. Until December 16th, my office number was still active, and I was also using the same email ID. I was supposed to rejoin in December 2015. However, I received a WhatsApp message from my senior asking me to extend my rejoining date as per the CMD's instruction. When I went and joined, they instructed me to sit simply and not to do any work.

I mentioned that without any official communication or letter, there was no need for me to extend my leave. Later that same night, I received an email stating to postpone my rejoining for a few weeks until management informed me. After a week, I received another email stating that the management had decided to relieve me from the service with immediate effect as per the company policy, with one month's salary. No one was willing to speak to me, as they had blocked my official number and changed the password to my email ID, instructing me to provide a proper resignation so they could issue an experience letter.

Now, they are treating me like a stranger. I have sent an email to my Executive Director regarding the reason for the termination, but they cleverly avoided using the term "termination." Neither is he willing to answer my calls nor reply to my emails.

Could you please provide some clarity on this matter? I am from Chennai. If you could share a contact number, that would be appreciated.

Thank you.

Regards,
Malini Rajan

You should inform this to the court officials; they should get punished. I think it's something personal, so they don't want you to work. But it's ridiculous that they did this.

Anyways, congratulations on the delivery. You all and the baby stay blessed! But you should not give resignation. Don't let go; better fight back. Complain to the labor court or elsewhere, but do fight smartly.

One thing, even if you fight and win, what's next? Will you be happy there? Will they behave politely, or may they pressure you at work? That's apart, but do fight!

I do not want to work there. I know they will treat me poorly. Let them provide compensation; they should treat employees at least like human beings. They did not give me continuous leave when I was pregnant, but when a new person joined, they started behaving differently. It feels like they have used me as tissue paper.

I am planning to file a complaint in the labor court.

Thank you,

Regards,
Malini

No, Malini, don't ever think that about yourself. If someone is behaving badly, it does not mean that you are bad. I know it's very sad, but even if they are asking you to resign, then just check what the notice period is in your company.

Notice Period and Compensation

For example, if an employee has a notice period of 3 months and if the company asks the employee to resign, then the company has to pay the employee 3 months' salary. So, if you are moving from that company, make sure you get all your documents - relieving letter, experience letter, Form 16, and all documents back to you.

Moreover, don't miss the chance to collect your 3 months' salary in accordance with your notice period. This money will be useful at this stage. Have great days ahead.

Unjust Request for Resignation

Without giving any reason, they offered one month's salary as compensation, transferred me, and are now asking me to resign on my own. They claim they will provide my certificates afterward. My question is, why should I need to give a resignation letter? If they don't want me, they should terminate me politely. According to the Maternity Act, no employee should face harassment or be told there is no work for them. If they find any mistakes on my part, let them conduct an investigation and prove it. If they lay off others, why single me out? This seems like some politics—why should I need to suffer? I have all the rights to ask them, but they are not allowing me to do so. I will take this matter through the labor court.

Thanks,
Malini

Yes, one person alone supports me in pursuing legal action because what they did to me is offensive. They are not ready to speak or discuss after the CMD informed me there is no option. However, I don't understand why management decided on this type of decision. They are saying that decisions are made by the CMD as it is a private limited company, not by the board members who will have to protect their positions.

Finally, I have emailed the CMD about what the seniors and ED are doing to me. I have requested to see his replies, or else I will need to take action.

Thanks,
Malini