1. #1

    I was been asked to resign after my maternity leaves

    I had taken my maternity leaves for 6 months. I have given an alternative appointment of one of my relative for the time being. But when I went back for re-joining there the employer denied to re-appoint me and said they have permanently appointed the alternative I provided them. What could be done?

  2. #2
    Madhu M Array
    Join Date
    Sep 2012

    Re: I was been asked to resign after my maternity leaves

    Hi friend

    I think you have been wronged in this case and you should even file a lawsuit against your employer if he doesnt mend his mistake and give you back your position. Even your relative should be sensible enough to not accept your position and should outrightly deny your boss to permanently accept your job. It is your right to avail your maternity leave during your pregnancy phase but your boss has no right to remove you from your job during that period.

    This is highly illegal what is happening and you should not let such injustice affect you. You should fight for your rights and not let anyone take advantage and get the better of you. Firstly go to your boss's office and tell him that you want your job back and also that your relative will not accept the job offer. ( You should talk to your relative beforehand and I am sure she will be on your side.) . Then your boss will have no option and I am sure will be forced to take you back. If he takes you back, which is your right, then I am sure it will be a win for you and the defeat of your boss's unfair means.

    But if by any chance if your boss maintains his stance of not taking you back in the company, then you should file a complaint against him as according to the Maternity Benefit's Act, you are eligible to avail 6 months of maternity leave; 3 months before and 3 months after the date of delivery; provided you have completed 180 fdays in the company. Now if your boss has terminated you within this period then its illegal . You sue your company and file a lawsuit. Consult your lawyer to get more clarity.

    I hope you get justice friend. Good luck and Thanks

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