Declared absconding and termination after maternity leave

Querist : Anonymous (Querist) 08 August 2023 This query is : Resolved
One of my relative was under maternity leave and then asked for extension in the leave period via mail which was granted by the employer. Further she has again taken an extension but this time it was made verbal to her supervisor although her husband has personally met with her supervisor and informed about extension of leave and expected date of resuming the Job. Later when she has gone to the office before the verbal communicated date of joining it has came to the knowledge that she has been marked absconding and terminated. When she asked for any communication been made then HR has shown mail which was marked to one of the mail id which is not used in general by her but no call from his supervisor or HR been received neither any notice in physical been delivered. Although verbal communication to her supervisor was there and proof is also there that her husband has visit the branch and met with his supervisor and call details of the employee with his supervisor but no call recording. Please Suggest for termination revocation.

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An employee was granted an extension to her maternity leave, initially via email and then verbally. Despite her husband meeting with her supervisor and informing them of the extended leave and expected return date, she was later marked as absconding and terminated. The employer cited an email sent to an infrequently used address, but the employee claims no direct communication or notice was received. The advice suggests this termination may be unlawful and outlines steps for potential revocation, including legal notices and court action.

T. Kalaiselvan, Advocate (Expert) 08 August 2023
The termination of her employment without giving her notice as per law is illegal and invalid.
She can issue a legal notice demanding reinstatement and then approach labor court with an application or high court with a writ petition if she is not coming under labor laws.

kavksatyanarayana (Expert) 08 August 2023
Yes. I agree with the advice of the prudent expert Mr.T.Kalaiselvan sir.

Sudhir Kumar, Advocate (Expert) 18 August 2023
You have not disclosed whether employer is govt department/PSU or private organiation.

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