Facing Rejoining Challenges After Maternity Leave: How to Handle Documentation and Gratuity Issues?

Employment History and Issues with ESIC

My name is Rashmi Nagesh. I was working in a private company for the last six years and was covered under ESIC.

Details of My Work Schedule

- Date of Appointment: 19 October 2011
- Date of Maternity Leave: 10 January 2017 to 09 July 2017 (Mailing date: 23/11/2016)
- Date of Extension Leave: Mailing date: 11 July 2018 (till November 2018)
- Date I Contacted the Company Telephonically: January 2019
- Date I Contacted the Company Practically: 11 May 2019
- Date of Email to Company: 28 May 2019 (email: request for experience, relieving letter & gratuity)

Company Support Issues

The company did not support me in several areas:
1. ESIC documentation
2. Maternity leave
3. Rejoining after maternity
4. Extension of maternity leave
5. Fresh joining issues: offered me 50% less salary or asked for resignation
6. After leaving the company: did not issue me an experience or relieving letter
7. Gratuity issue

Points in Detail

1. ESIC - The manager asked me to drop a mail for leaves, which I did, but the head office kept me as having left the service. This was resolved as per Cite HR's suggestions.

2. Maternity Leave - Resolved as per Cite HR's suggestions.

3. Rejoining After Maternity - I received six months of maternity leave. After submitting all necessary documents and getting ESIC approval for six months of benefits, I informed the company. I also discussed the possibility of needing unpaid leave due to having twins. They assured me it was fine and that we were like a family. I sent a mail on 09 July 2019 to extend my leave until November 2019, but received no response. I called my manager, who said they would manage my time. When I approached the company in May 2019, my manager said they had waited for me but had to recruit someone new due to pressure from the head office. I was told to speak to the Director. The manager predicted two situations: either join on a 50% reduced salary or resign, as my position was no longer vacant. I found a new opportunity in HR and informed my manager, requesting the necessary certificates. They suggested I email a request for an experience letter directly, but the company did not issue it. The manager advised me to speak to the Director, who reiterated that they don't issue certificates. Despite knowing my situation, they hired someone else. I was given two options: join on a fresh payroll or leave the company.

4. Gratuity Issue - Having completed six years and three months, I requested gratuity. I was told to email again, but the response was that I would receive gratuity when LIC provides the money.

Thank you in anticipation.

Best Regards,
Rashmi Nagesh

It is an unfair labor practice to ask a woman employee to rejoin for 50% less salary or to rejoin as a fresher after 6 years of service. Also, you are very much eligible for gratuity provided your company comes under the purview of the Gratuity Act.

Though you have every right to take up the matter with the Labor Officer of your area regarding employment, as you were placed in another company without severing the relationship with your ex-employer, request an experience certificate and obtain it. Once you receive it, request them for gratuity by writing, mentioning your service period. In case of further delay from your ex-employer, you can file a case before the Assistant Commissioner of Labor in your zone, and your ex-employer will have no option but to release the payment.

As long as you have communicated your leaves (maternity leave/extension of maternity leave) in time, there is nothing wrong from your end. Most of the time, a communication gap results in a gap between the employee and employer. In your case, if you are sure of your clear communication in writing, then no harm. The only thing is that 2 years is a pretty long time even in a maternity case for an employer to wait. Even in that case, the employer could have communicated their decision well before when you had extended the maternity leave.

I hope this helps clarify the situation for you.

Gratuity and Maternity Leave Issues

You proceeded on maternity leave from 10th January 2017 and reported back telephonically in January 2019; it's clear it was for 2 years. No company in India will approve such a long maternity leave, regardless of the reasons.

You are eligible for gratuity for the period from 19th October 2011 until 9th July 2017, which amounts to 5 years, 8 months, and 20 days, equivalent to 6 years.

Please approach the Assistant Labour Commissioner of the area where your company is situated and file a written complaint stating that your company has not paid your gratuity and has also denied issuing an experience certificate despite written and verbal requests.

Gratuity should be settled within 30 days from the date of separation. However, in your case, it seems you have not officially resigned to date.

Regards,
Suresh