Facing Pressure to Resign Due to Illness After Maternity Leave: What Can I Do?

I had completed my maternity leave, but in the last month of leave, I was diagnosed with TB. I informed my HR and management with all the reports from AIIMS. The doctor suggested bed rest. The company sent an email stating that I should join in 2 days; otherwise, they would terminate my services. They continuously called, pressuring me to either join or resign. Due to tremendous mental pressure, I finally resigned. As I resigned, they ended my services on the same day without giving me pay for the notice period.

Please suggest what actions I can take against the company/HR.

If your nature of duties were of the nature of 'workman' as the term is defined in Section 2(z) of U.P. I.D. Act (if the company is in Noida) or under Section 2(s) if in Delhi, then you can challenge the termination before the Conciliation Officer.

Thank you for your advice. My company is in Delhi, and I work as an Assistant Manager in Financial.

Problem Description

Let me describe my problem in detail: My maternity leave was supposed to end on 26 December, but on 08 December, due to continuous illness, I was diagnosed with Tuberculosis. I informed my HR and management about my illness with all the documents from the DOT center. I had 28 earned leaves with me, which I used in the month of January. I kept updating my HR and management about my illness with proper documentation and medical reports. The doctor also recommended bed rest until February 15, 2020.

HR's Response

However, on 29th January, in the middle of my earned leave period, HR emailed me to join by 31 January 2020, or they would initiate my separation, which means termination of my services. They kept calling me and pressuring me to either return to work or submit my resignation. They also informed me that under the Maternity Act of 2017, they have the right to terminate my employment and blacklist me.

Ultimately, I decided to resign. They accepted my resignation but did not pay anything for the 90 days' notice period.

Request for Guidance

What can I do? Please guide me.

Firstly, the company can't force you to resign since you were on maternity leave.

Secondly, regarding payment, please check your company policies. If the policy states that payment will be made in lieu of the notice period, then you can demand it.

As per my opinion, if you have resigned (even after the company has pressured you), you cannot demand the notice pay as you are the one who has resigned. If the company has terminated your services, only then can you demand notice pay. Please check your appointment letter clause for a better understanding.