Maternity leave benefit
(Querist) 08 April 2008
This query is : Resolved
A lady who worked as a lecturer in one college for the last four years, and the college authorities got signed on a fresh bond a year ago to work for the 3 years with exception to relieve from the job on some unavoidable reasons or on condition to show that there is any better opportunity than the present job. while things stood thus, a year ago that lady was conceived and continued her job upto 8th month of carrying and in the 9th month she applied for maternity leave for three months and with in one month (i.e. on october-2007) from there she gave birth to a child and communicated the same to her employor and requested for salary payable for her leave period, but they still not paid for the same till now. while things stood thus she send a letter to employer after extending another 3 months maternity leave period due to reason to look after her child and illhealth arisen after her delivery she submitted her resignation letter to employer. As per my knowledge every employer has to pay salary of one month for maternity leave in advance at time of applying for the same and salary of 90 days as total maternity leave benefit. But in this case she was not paid her salary till now instead of many intimations to her employer. And at the same time they are not accepting her resignation and relieving her from the job by showing bond executed be her and not returning her certificates which were with them instead on unavoidable reason as per thier bond. In this connection what legal action can be taken by her as per the provisions of law for getting her dues and get back her certificates and relieving orders from her employer.
(Expert) 02 May 2008
dear yamini,maternity leave is the right, and said party can claim the same and u make a compliant to the authorities on that regard ,and it is not to be fruitful u may file the petition before the concerned high court by specifing all the matters along with ur earlier compliant.