Facing Unpaid Maternity Leave and Absconding Label: How Should I Address This with HR?

I need your help to decide the course of action regarding an issue I am facing with my employer. I have been on maternity leave since the end of May. My employer has withheld my salary for the four months of maternity leave. Before my maternity leave end date, I contacted my manager regarding my return date and the requirements for my position. She mentioned that she would get back to me. However, suddenly, HR has labeled me as absconding and is not even providing me with the experience letter. Please suggest what can be done in this case.

Employer's Action on Maternity Leave

The action of the employer appears to be incorrect. I hope you have given them an intimation of the need for maternity leave. Laws protect employees from being denied maternity leave and from being removed during their leave.

Steps to Address the Issue

Please write a polite letter explaining all the matters regarding leave and your date of joining back. This written documentation will be of legal help for further action. If the company still shows you as absconding and holds back pay, approach the Labour Commissioner of the area and seek his intervention in the matter.

Finally, do not take stress as the law is with you (from what you have stated).

I already have a mail thread of almost 50 emails in which they first tried to negotiate to give 3 months' salary, then 4 months, etc. Now that they know I am not ready to compromise on it, they have declared me as absconding.

Dear Fregie,

It is really unfortunate that your company is behaving this way with you. You should file your case with the labor commissioner of your area under the Maternity Act. Additionally, you may also file your case with women's rights organizations who will assist you in this matter.

Thank you.

Dear colleague,

This is a downright illegal and unjust act on the part of your employer. I trust that you have complied with the provisions/requirements under the Maternity Benefit Act before proceeding on maternity leave and that your leave has been approved.

In this case, do not spare your employer and escalate the matter to the Labor Authorities to resolve it in your favor. Make enough noise through women's activists and threaten to involve the press. Do not worry, the law is on your side, and ultimately victory will be yours.

Regards,
Vinayak Nagarkar
HR Consultant

Dear Fregey, it is very unfortunate to learn that your employer terminated you during your maternity leave. Did you apply for leave related to your pregnancy treatment? How did it happen that your HR declared you as absconding? Have you lodged a written complaint with your local labor department, enclosing all the communications exchanged with your office and their responses?

Additionally, you have submitted a petition, akin to a prayer, to the Chief Justice of the Supreme Court in New Delhi. You included all relevant documents and details regarding your company and your employment via registered post.

I hope these actions will lead to a resolution in your favor.

Best regards, [Your Name]

You also sent a petition in the manner of a prayer to the Chief Justice of the Supreme Court in New Delhi with all documents and details of your company and employment in a registered post.

Writing to Hobble SC is too premature at this stage. First, exhaust company remedies, then contact the Labour Commissioner, and only then consider legal action through the courts.

Dear Mr. Nathrao, I appreciate your concern and suggestion in this matter. In the recent past, many postings on Cite HR have discussed organizations asking employees to resign and rejoin after delivery, while others claim this is not applicable to them. Don't you think some manipulative game is being played with the statute to deprive employees of legally sanctioned benefits? We need to consider the situation when an employer tells an employee that her job no longer exists without reason. I doubt the lady will have the strength to pursue justice through agencies when she has to care for a newborn. In the present context, she has been advised to explore this route in addition to all other remedies you have suggested.