• Forced to come to job while on maternity leave

Greetings,

One of my friend is facing the above mentioned issue. She is on maternity leave for the past one month (this leave is given in the condition of loss of pay). Now she is being called by the employer (private college) to come to the college for a day as they have some work but her child is not well and she had to get the child to the hospital. Hence she refused to go. In this situation she is being mentally harassed by the head of the department, who calls from various phone numbers to my Friend and shouts at her very rudely. What can be done? Please help!!
Asked 4 years ago in Labour

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16 Answers

Hi,

 Before answering to your query, I'd like to know certain details as without knowing the basic facts, lawyers can not analyse the exact legal situation and advice accordingly. First of all, I'd like to know the service details of your friend, like terms of appointment letter in detail, how long she has working for the present organisation, how long she's been on maternity leave etc. Has the college/organisation issued any written letter to her for attending "one day work" ?

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

Block the number 

 

2) mother cannot be forced to come to college during her maternity leave 

 

3) she can request them to send papers at her residence and she can work from home in case of any urgent work 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hello,

First of all ask her to Lodge a GD against the said HOD for harassment and threat given to her. The next move is to move to labour court and sue the institution but be sure all your claim must be backed with proof.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

You are not bound to go to work.  You can also complaint about the same to designated officer under meternity benefit amendment Act 2017 for not providing unpaid leave as well as harassment during maternity leave. You can also complaint to dy labour commissioner office for the said harassment

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Respected sir.. The employer is only entitle to call  and  Reasonable contact from time to time between an employee and her employer which either party is entitled to make during a maternity leave period... And if he shoughts over her then make it record and proced legally against him under Employment Rights Act 1996...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

No body can force you to come to the work if you are not well or in a condition to go so write a complaint to the VC of the university to which this college is affiliated with a copy to the Principal Saheb, and no need to go forcefully.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

For unmannerly calls and behavior, ask her to file police complaint against him. Employer is acting beyond his authority and maternity leave is a preferential right of women and Employees are also entitled to one additional month of paid leave in case of complications arising due to pregnancy, delivery.

For unpaid leave, complain to ministry of women's and child development.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

A petition before high court can be filed against the private.college.under maternity benifit act for not providing it's benefits and you can also file a complaint before the labour inspector having jurisdiction for maternity matters.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Send a notice to not to harass and comply with the mabdate of law.

Regards 

G.Rajaganapathy Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

If she is on a sanctioned maternity leave, the employer cannot recall her to duty however urgent the situation be. Let her lodge a written complaint with her employer first.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

The employer cannot do the said act as those are illegal. Moreover, she is also entitled to her salary during that period of leave and she can file a case claiming the same and in addition, can ask for action against the officer and claim compensation in the form of money for harassment.

Harpreet Singh Hora
Advocate, Delhi
31 Answers

Not rated

approach before Labour Officer or National Commission for Women, you need to have sufficient evidence, file complaint against employer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Your friend can issue a legal notice to the person who tortures her and also can make a complaint against that person to the top management of the college besides sending a copy to the University registrar for this illegal act.

As a matter of fact they should have sanctioned leave with pay as per latest ruling on maternity leave.

In 2017, the law was amended to extend the period to 26 weeks. Out of the 26 weeks, up to eight weeks can be claimed before delivery. However, you need not structure your leaves in this manner—you can instead take the entire 26 weeks of leave after the delivery. Also, these are maximum periods of claim and you can claim the benefit for a smaller period as well.

An employer cannot dismiss a woman for taking maternity leave and cannot serve a termination notice to a woman on maternity leave which expires before the maternity leave ends. Also, an employer can’t change the terms of service to the woman’s disadvantage during her maternity leave.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

A case of mental harassment should be filed against the hod before the internal complaint committee. It must exist as per the vishakha guidelines.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that he has been doing something which is totally illegal and he can be held liable for, in fact his college can be de-recognised it he can be removed.
  2. She should give him a reply stating everything in detail and about the law for the women like her and if he continues to do so then she would have to go before the women cell including the court of law for non-compliance of the statutory guidelines and provisions.
  3. She will have to the stand otherwise he would repeat the same with someone else’s also.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

She can send a written complaint to HR department of college against this act of head.

Or You friend can lodge an FIR for mental harassment by him during leave period. 

Ask her to record the calls for collection of evidence against her head. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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