Struggling with Maternity Leave Denial: How Can My Friend Navigate This HR Dilemma?

I have a friend whose company is refusing to grant her any more leave after maternity leave and is forcing her to return to work. Her baby has just turned 3 months old. She is from a nuclear family and currently has no support for the baby. Additionally, there is no provision in her company for such a situation.

My friend is asking for one more month of leave (leave without pay), during which she plans to call her parents and make suitable arrangements. She is requesting the management to grant her leave without pay for a few more weeks, but no one is willing to accept her request. Please advise on what steps my friend should take.

Legal Considerations from an HR Perspective

Is it legal from an HR point of view to pressure an employee to return to work knowing her circumstances? The HR department is telling her to either return to work or resign.

Employee Leave: Privilege or Entitlement?

Please note that employee leave is a privilege and not an entitlement. Whether to grant an employee Leave Without Pay (LWP) is at the employer's discretion. Managing absences arising from Maternity Leave itself poses a challenge. As this is a statutory requirement, the employer has fulfilled it, but they may struggle to accommodate additional absences due to lean manpower, a situation most companies face.

Planning for Post-Natal Arrangements

The birth of a child is a planned event. Pregnancies do not occur suddenly, and your friend should not have been caught off guard. She could have made arrangements for her post-natal activities.

Your friend finds herself in the current predicament due to a lack of foresight or forward-thinking. As a last resort, she may meet with HR in person. However, she must decide whether to resume her duties or discontinue her employment.

Thanks,

Dinesh Divekar