Worried About Career Impact After Maternity Leave Termination? Let's Discuss Your Options

I was terminated due to job abandonment after my maternity leave. My child was sick and hospitalized, so I was unable to attend HR calls. Upon discharge, I contacted HR and learned about the termination the next day. I paid my dues and collected a service letter. Now, I have two questions:

Impact of Termination on Career

1. Will this termination due to job abandonment affect my career when shown in Background Verification (BGV) when I switch over? (Currently, I have been in my current organization for over 2 years.)

Requesting Change in Termination Status

2. How can I request the previous organization to update this termination from job abandonment to a normal relieving status? I have already submitted medical proof, but they still have it listed as job abandonment, even though they issued a service letter after receiving the due payment.

Response to Your Queries

1. It is not likely to affect you as you have since then worked in another organization for nearly two years. It depends on the quality of your experience in the present organization and how useful it is to the new organization.

2. It is unlikely that they would review and amend the order as it is more than two years old. If they remove the cause as abandonment, what would be the reason for the termination of your service? Are you prepared to resign? If so, make that offer too. Anyhow, there is no problem in approaching them for it.

Thank you very much for your answer. I have a question: in the future, if I switch, will the background verification (BGV) show this termination due to job abandonment?

To answer your question, yes, I was ready to quit not for another job offer but to take care of my kids. After a career gap of three and a half years, I joined my second organization. During my maternity leave, as I was not billable, there was no business impact. I have been submitting my medical certificates for maternity leave properly. In the last month of my maternity leave, my situation became unmanageable.

Maternity Leave and Termination

It is against the provisions of the Maternity Benefit Act 1961 to terminate services while being on maternity leave. However, this incident occurred more than five years ago. At this point, there does not appear to be a strong chance that your previous organization will reverse its decision and agree to your request. As a result of presumed abandonment, it is most likely that your termination will be shown in the Background Verification (BGV) process as such. Be prepared to present evidence of the compelling circumstances that led to this situation.

I have returned to my previous company to address this termination due to job abandonment as a normal resignation. However, I have not received any reply yet.

Question about the Maternity Benefit Act 1961

Now, one question arises: the termination occurred after my maternity leave ended, precisely 10 days after it concluded. Therefore, does the Maternity Benefit Act 1961 (which prohibits the termination of services while on maternity leave) still apply?

Two Aspects of the Issue

There are two aspects to the issue you are raising now:

1. For any illness arising from childbirth, the concerned employee is allowed one more month's leave after exhausting the maternity leave. You were eligible as you had to remain on leave after exhausting the medical leave. But now that claim will not survive.

2. Section 12(1) of the MB Act makes it clear and candid that the employer cannot dismiss or discharge an employee on account of the maternity leave being availed by the employee. This has happened in this case. However, the Act also lays down a limitation of 60 days for approaching the higher authority, which obviously is over. But you can use this as a bargaining point.

Thank you for your prompt response. However, I am having trouble understanding some legal aspects here. Before taking any further steps, I would like to seek clarification from you for better comprehension.

According to the organization, they claim that I failed to report back or contact HR after my maternity leave expired. This alleged lack of communication is cited as the basis for my termination due to job abandonment.

I am curious if I can leverage the MB Act to challenge this termination decision.