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Took maternity leave but company terminated what action can i take


14-Mar-2023 (In Labour & Service Law)

I have workd in a school for 7yr for my 1 pregnancy they gave leave without pay but for 2preg they didn't give bt they assure they will call back but know they are denying in Aug 14 I left I got cleared my pf in feb15 icame to know abt gratuity frm someone which they paid after arguments in aug15 but I want my job also I was 5 month preg at that time. Can I do something to get back my job I have no appointment letter as they have not given but I have experience cert they have got signed frm us they will not pay gratuity bonus and leave encashment but they given me gratuity when I shown law ppr

Answers (2)

Answer #1
956 votes
Dear Mam,
First of all You have not mentioned about the institution you are working with but as per your 7 years of working you should have been granted minimum 6 months of maternity leave with pay at first instance and same on second also.
Kindly first complain about the whole matter to the concerned DEO and also to the labour department as well and thereafter you can file court case.
Answer #2
681 votes
Under the Maternity Benefit Act, the benefit of leave is to be extended to you for your first two pregnancies. Thus, if your services have been terminated due to your absence because of pregnancy then action can be taken against the employer under the Act. In fact even a criminal complaint can be filed. Also you should be able to recover your gratuity and leave encashment. The only difficulty in your case would be the expiry of period of limitation. However that may be condoned on showing sufficient cause.

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