Struggling to Get a Relieving Letter After Maternity Leave: How Can I Resolve This?

Hi, previously I worked at MNC COMPANY for 5 months. After I got pregnant, I had some health issues and was unable to continue working. I informed HR and TL through email and phone because I was undergoing treatment and couldn't travel to the office. When I initially requested leave, it was denied. Subsequently, I sent a resignation email, and they insisted I serve the notice period. At that time, due to my medical condition, I couldn't comply, so I continued with my treatment.

After a year, when I sought another job, I faced challenges as I didn't have a relieving letter. Upon contacting HR and explaining the situation, I reached out to the head of the team via email. They responded, stating that I needed to pay the notice period amount, which I did. However, I then received an abscond letter. Despite further communication with the team, clarifying that I did not abscond and providing medical documentation for my pregnancy-related issues, I still haven't received a proper relieving letter.

Without this letter, it has been difficult for me to secure employment, causing considerable stress and emotional strain due to unemployment and financial concerns. Could you please advise me on what steps I can take to obtain the appropriate relieving letter?

Compliance with the Maternity Benefit Act

There are a few non-compliance issues in your case, and you need to ensure that you satisfy the following provisions of the Maternity Benefit Act:

You have not mentioned whether your firm employs more than 10 employees and whether ESIC will apply to you or not.

1. First of all, you should have applied for Maternity Leave (i.e., for a period of 8 weeks before the expected delivery date in proper form) for proper approval. You have been mentioning that you informed through emails. What was stopping you from submitting the application in person with the necessary forms and certificate? Have you presented your HR/HoD with a medical certificate to this effect together with a formal application? Did you develop any complications during these 5 months and abruptly stop going to duty?

2. You said you worked for 5 months, and a female employee should have at least 80 days of service to become eligible for ML. You have not indicated your Date of Joining and when you became eligible. It's generally believed a doctor can verify when a female is 3 months into pregnancy and indicate the probable tentative date of delivery, though by symptoms it could be sensed even earlier and certify that you know. Any action like this?

The Maternity Benefit Act originally provided maternity benefits of 12 weeks, out of which up to six weeks could be claimed before delivery. In 2017, the law was amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you need not structure your leaves in this manner—you can instead take the entire 26 weeks of leave after the delivery. Also, these are maximum periods of claim, and you can claim the benefit for a smaller period as well. If the woman has more than two surviving children, the maternity benefit is for 12 weeks only.

3. What was the date of actual delivery, and did you send a formal communication regarding this?

4. When exactly did you send your resignation letter? Any communication from them? You did all over the phone, no records?

5. If the terms of employment indicate a 'notice period,' you are bound to serve the notice period. When (if) they asked you to serve the notice period, you should have served the NP and got your relief. However, an employer cannot dismiss a woman for taking maternity leave and cannot serve a termination notice to a woman on maternity leave which expires before the maternity leave ends. Also, an employer can’t change the terms of service to the woman’s disadvantage during her maternity leave.