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Gaurav Tomer (Senior Engineer)     03 January 2014

Leaving with no choice wanted me to resign

My wife is working in a MNC and was on maternity leave till last month. Now she wants to extend her leave by going on LOP because my kid is still on feed and have been advice by the Dr. for the same for next months. She is at my native right now, but her office is in Bangalore.

Regarding LOP her manager as well HR are not allowing her to go on LOP citing the resource crunch issue, even after having a medical reason she is not allowed for LOP.

Now she don't have any option but to resign for the company and want relieving ASAP as my kid can't be kept without feed from mother and she can't carry kid to office. She is not even allowing her Work From Home.

And when she proposed that she will resign they are saying either she have to serve notice period or pay for it. Not only this she will not get the bonus she was entitled for at the end of financial year even after working for almost 9 months during her maternity. Apart from this she have pay extra for the air/train tickets as those have to booked in emergency.

She is not only getting mentally frustrated but also monetarily. She doesn't want to leave organization but being forced to due to lack of support both from HR as well as reporting manager.

Please suggest the steps we can take.

Note: we have produced the medical certificate provided by Dr. where he have suggested that baby have to be fed on mother milk for six months



 1 Replies

Kumar Doab (FIN)     03 January 2014

There are many threads on maternity Leave which you may find relevant to fine tune your representations e.g;

 

https://www.lawyersclubindia.com/forum/Resignation-after-maternity-leave-79271.asp#.UahsGdKAqWN

 

https://www.lawyersclubindia.com/forum/Maternity-act-74586.asp#.UXPE3qKAqWM

 

https://www.lawyersclubindia.com/forum/Forced-to-resign-when-enquired-about-maternity-leaves-75754.asp#.UXPC0qKAqWM

https://www.lawyersclubindia.com/forum/Maternity-leave-salary-76258.asp#.UXPDG6KAqWM

https://www.lawyersclubindia.com/forum/Meternity-leave-75127.asp#.UXPEpaKAqWM

 

https://www.lawyersclubindia.com/forum/Voluntary-abadonment-from-employment-82097.asp#.Ua8iV9KAqWO

 

 

 

After Maternity leave the woman employee that has delivered a child can avail another one month leave under maternity benefits.

 

If doctor has advised rest then woman employee can apply for sick leave supported by medical certificate.

 

Female anatomy is complex. Many of the woman experience low back pain after delivery and that may require bed rest.

 

If doctor has advised that baby needs to be fed with mother’s milk then woman employee can ask for nursing breaks................................................however the employer/line managers/HR are not viewing it as god reason for sick leave.


The establishment/ employer/line managers/HR have not asked for resignation but the employee has offered to resign.

If there is a need apply for leave stating the reason.

You may go thru the whole set of events, communications once again and fine tune, rephrase your representations.

 

 

 


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