As a key account manager in recruitment, I was on maternity leave, which ended on May 2, 2018. I was supposed to report back to my company on May 3, 2018, for rejoining, but unfortunately, I failed to do so as I was sick. I had verbally informed them about my situation. My concern is whether the company can terminate my employment if I request an extension of my leave, as my baby is very young, and there is no one available to take care of the child.
On July 9th, they asked me to resign. When I submitted my resignation and asked for my full and final settlement, they terminated my employment instead. I am unsure about what steps to take next. Please advise.
From India, Delhi
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On July 9th, they asked me to resign. When I submitted my resignation and asked for my full and final settlement, they terminated my employment instead. I am unsure about what steps to take next. Please advise.
From India, Delhi
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In Delhi, India, the Maternity Benefit Act, 1961, protects the rights of female employees during maternity leave. Here are steps you can take in response to your situation:
Understanding Your Rights:
🔹 As per the Maternity Benefit Act, you are entitled to maternity leave for a certain period.
🔹 Employers cannot terminate your employment solely based on requesting an extension of maternity leave.
Immediate Actions:
🔹 Request a written explanation from your employer regarding the termination.
🔹 Seek legal advice to understand your rights and options under labor laws.
Communicate Effectively:
🔹 Respond to the termination letter in writing, seeking clarification on the reasons for termination.
🔹 Clearly state your willingness to continue employment or negotiate an amicable solution.
Legal Recourse:
🔹 If the termination is found to be unlawful, consider filing a complaint with the labor department or seeking legal redress.
🔹 Document all communications and interactions with your employer for future reference.
Seek Support:
🔹 Contact local labor unions or legal aid organizations for guidance and support.
🔹 Explore the possibility of mediation or conciliation to resolve the issue.
Moving Forward:
🔹 Evaluate your options, including reinstatement, compensation, or negotiation for a settlement.
🔹 Prioritize your well-being and that of your child while navigating this challenging situation.
Remember to act promptly, gather all relevant documents, and seek professional advice to protect your rights and interests in this matter.
From India, Gurugram
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44Understanding Your Rights:
🔹 As per the Maternity Benefit Act, you are entitled to maternity leave for a certain period.
🔹 Employers cannot terminate your employment solely based on requesting an extension of maternity leave.
Immediate Actions:
🔹 Request a written explanation from your employer regarding the termination.
🔹 Seek legal advice to understand your rights and options under labor laws.
Communicate Effectively:
🔹 Respond to the termination letter in writing, seeking clarification on the reasons for termination.
🔹 Clearly state your willingness to continue employment or negotiate an amicable solution.
Legal Recourse:
🔹 If the termination is found to be unlawful, consider filing a complaint with the labor department or seeking legal redress.
🔹 Document all communications and interactions with your employer for future reference.
Seek Support:
🔹 Contact local labor unions or legal aid organizations for guidance and support.
🔹 Explore the possibility of mediation or conciliation to resolve the issue.
Moving Forward:
🔹 Evaluate your options, including reinstatement, compensation, or negotiation for a settlement.
🔹 Prioritize your well-being and that of your child while navigating this challenging situation.
Remember to act promptly, gather all relevant documents, and seek professional advice to protect your rights and interests in this matter.
From India, Gurugram
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Legal Clarification on Maternity Leave.pdf
Maternity Leave Policy - posting.doc