A lady asks: I worked in a private school for more than 2 years under a contract for unlimited period; last month I took maternity leave for 45 days, after lapse of 30 days of such leave, the school management sent me an email stating that they had terminated me and asked me not to return to work at the end of the maternity leave. I can only come and collect my end of service under pretext that it is the second time I’m taking maternity leave and also due to lot of sick leaves as stated by the management. My question here is: A: Is the school management legally entitled to terminate me from work while I am on leave and does such dismissal affect the current maternity leave dues? B: If this is not allowed, am I entitled to ask the competent court to reinstate me in work? My notice period mentioned in my labor contract is for 2 months so my termination is without notice. Please advise. Thank you.
I would like to clarify to the questioner that as per the law the employee may not be dismissed from work while he is on leave. Therefore, the questioner’s dismissal from work this way by the school management is against the Labor Law and therefore the competent court might consider such dismissal as arbitrary dismissal whereby the school management will be obliged to compensate the questioner. Further, the questioner is entitled to 2 months notice pay according to the agreed period in the employment contract. I would like to tell the questioner that the Labor Law does not oblige the employer to reinstate the employee in his work for any reason. As for the question on the maternity leave dues whether it will be affected due to the termination of the questioner, the said due will not be affected and the questioner is entitled to all her rights of the maternity leave despite the termination by the school.