Sir,
I worked as a Manager of Accounts in a Private Limited Company from July 2006 to September 2017. In July 2017, I applied for maternity leave. Initially, they said I could work from home. However, in mid-September, they informed me that working from home was not feasible. They mentioned they needed to hire someone to replace me and that they might consider rehiring me after six months once the new employee settled in. Essentially, they terminated my employment abruptly. I left the company on 30th September 2017, as previously requested. They did not pay me any amount for maternity leave salary or gratuity. Please advise on what steps I should take.
Please let me know if you need any additional information.
Thank you.
From India, New Delhi
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1I worked as a Manager of Accounts in a Private Limited Company from July 2006 to September 2017. In July 2017, I applied for maternity leave. Initially, they said I could work from home. However, in mid-September, they informed me that working from home was not feasible. They mentioned they needed to hire someone to replace me and that they might consider rehiring me after six months once the new employee settled in. Essentially, they terminated my employment abruptly. I left the company on 30th September 2017, as previously requested. They did not pay me any amount for maternity leave salary or gratuity. Please advise on what steps I should take.
Please let me know if you need any additional information.
Thank you.
From India, New Delhi
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This is September 2019. As such, the post seems unclear to people like me since the maternity leave applied for by the poster was effective from July 2017, while she was also asked by her employer to work from home up to mid-September 2017. Subsequently, she was informed that she would be hired after six months as it was necessary to replace her job with a substitute since it was not possible to allot her any work that could be done from home. Probably, this piece of information passed on by the employer is alluded to as the termination of her services in the post. Therefore, in my opinion, the correct answer for the further course of action as requested by the poster requires the following clarifications:
1) Whether the poster submitted any formal maternity leave application and if yes, when and with effect from which date?
2) What was the probable expected day of delivery mentioned by the doctor in the certificate attached with the leave application form?
3) Whether she received any communication in writing from the employer sanctioning or declining the leave applied for?
4) Was there any written communication between them about her rehire after six months?
5) Subsequent to delivery, did the poster try to rejoin or write any letter requesting reposting?
6) Since the poster presumes her termination, has she formally asked the employer to settle her gratuity?
From India, Salem
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1) Whether the poster submitted any formal maternity leave application and if yes, when and with effect from which date?
2) What was the probable expected day of delivery mentioned by the doctor in the certificate attached with the leave application form?
3) Whether she received any communication in writing from the employer sanctioning or declining the leave applied for?
4) Was there any written communication between them about her rehire after six months?
5) Subsequent to delivery, did the poster try to rejoin or write any letter requesting reposting?
6) Since the poster presumes her termination, has she formally asked the employer to settle her gratuity?
From India, Salem
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No one is authorized to terminate an employee when they have officially applied for maternity leave. Don't assume they have been terminated. If you have a valid document confirming the applied maternity leave, that is sufficient to assert your rights as an employee. Since you have not submitted a resignation, do not worry about gratuity. Communicate with your employer to resolve this matter.
From India, Bangalore
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From India, Bangalore
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I have not any documentary proof for applied for maternity leave, and they have denied. They have said that we have to hire someone at your place, and after six months it's also not possible for us to hire you again because someone will be working at your place.
I have not resigned, and they have not terminated me officially. They have given me a relieving letter only.
From India, New Delhi
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I have not resigned, and they have not terminated me officially. They have given me a relieving letter only.
From India, New Delhi
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf