Hello everyone, I am seeking advice. I was working with a company as Manager - HR. I was on maternity leave for 6 months, but during that period, I was working from home as I was the only person taking care of HR in the company. On the request of the management, I agreed to work from home during my maternity leave and at my comfort level. I was working on a daily basis as a normal employee does.
As the maternity period was about to end, they asked me to come back to the office. However, I requested them to extend the leave for another 4-5 months on humanitarian grounds as my baby needs me to take care of him, and no one else is at home. They asked me to join the office on 1st Feb, but then, they sent the termination email on 31st January at 2:00 AM without giving me time to go to the office on 1st Feb.
Can legal action be taken against them as I have not received any maternity benefits? Additionally, I was terminated without being asked to serve the notice period. For Full and Final settlement, they only paid the salary for January and no other compensation. They terminated my employment without any notice.
Please help me with this situation.
Thank you.
From India, Pune
Acknowledge(0)
Amend(0)
As the maternity period was about to end, they asked me to come back to the office. However, I requested them to extend the leave for another 4-5 months on humanitarian grounds as my baby needs me to take care of him, and no one else is at home. They asked me to join the office on 1st Feb, but then, they sent the termination email on 31st January at 2:00 AM without giving me time to go to the office on 1st Feb.
Can legal action be taken against them as I have not received any maternity benefits? Additionally, I was terminated without being asked to serve the notice period. For Full and Final settlement, they only paid the salary for January and no other compensation. They terminated my employment without any notice.
Please help me with this situation.
Thank you.
From India, Pune
Acknowledge(0)Amend(0)
Hi, no employer can deny a woman employee's maternity benefit. If your employer denied your maternity benefit or has dismissed or discharged you from services, you can consult an employment and labor lawyer and send a legal notice to your employer regarding the denial of your maternity benefit. An employer who denies a woman employee's maternity benefit claim can be punished with imprisonment for up to 3 months, a fine of up to Rs. 5000, or both. If your employer has dismissed or discharged you from service, he can be punished with imprisonment for 3-12 months.
From India, Madras
Acknowledge(1)Amend(0)
1015From India, Madras
Acknowledge(1)Amend(0)
Can I also claim for notice pay as they terminated without any prior notice or warning. They terminated me even before the day they asked me to join.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Hi, Yes as per the terms and conditions of your Appointment letter proper notice to be served by either party. Please check and add this point as well.
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Termination During Maternity Leave
If the termination occurs before the conclusion of your maternity leave, the issue is very serious. It is true that the employer can decide on extending the leave, and if they decline, the employee may not have any recourse, especially when working in a managerial position. Additionally, as you mentioned, the notice period or notice pay, as applicable, should have been adhered to. This situation is unfair.
From India, Kannur
Acknowledge(1)
Amend(0)
If the termination occurs before the conclusion of your maternity leave, the issue is very serious. It is true that the employer can decide on extending the leave, and if they decline, the employee may not have any recourse, especially when working in a managerial position. Additionally, as you mentioned, the notice period or notice pay, as applicable, should have been adhered to. This situation is unfair.
From India, Kannur
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Maternity Leave Policy - posting.doc
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf