Employee should always submit leave application and follow up email that leave application due to sickness as advised by Dr....has been submitted and seek approval. Termination during sick leave can prove to be bad order. Refusal to grant genuine sick leave, with proper advice by doctor supported by diagnostic reports, can boomerang on employer.
Lady could have submitted notice of resignation and if it was not possible to serve the entire notice period due to sickness, could have submitted sick leave application.
As per terms of appointment letter notice pay shall be adjusted by employer in FNF statement and settlement. If after computing salary, incentives etc the amount payable by employee to company is higher than amount payable by company to employee, company can issue email/letter/notice/legal notice to recover the amount.
Lady may try by requesting the good offices of appointing authority, MD by letter under acknowledgment by mentioning the facts “before giving resignation, my wife asked for the leave due to medical reasons however manager deny to approve the leave. On dated…….in office” and hence lady did not have any other alternative but to resign and request the good offices to waive off the notice pay and settle the dues and supply acceptance of resignation, service certificate, FNF statement, FNF payment, form 16, PF number/account slip/attested copies of withdrawal-transfer forms.
If the good offices accede to request it is all fine. If they don’t lady may request by letter under acknowledgment to supply her correct FNF statement and confirm by letter that on submitting the payment of FNF dues by cheque against acknowledgment on letterhead/receipt format with company logo and address with seal and signature of competent employee, acceptance of resignation, service certificate, FNF payment, form 16, PF number/account slip/attested copies of withdrawal-transfer forms, shall be supplied on the spot/by redg. post within …..days.
Lady should negotiate and settle the matter.