Forceful unpaid leave after resignation

Sudarshan (Querist) 09 December 2022 This query is : Resolved
Dear All,

I have resigned from one of the companies by giving medical reasons and requested the company to relive me early. Company is un-willing to relive me early and advising me to serve notice period without pay. company is suggesting me to hand over all the items and take unpaid leave till the notice period is over.

Do we need to go on unpaid leave till completion of notice period even I if don't want to?
Any suggestion to handle this situation?

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Quick Summary

If you've resigned for medical reasons and your employer insists on unpaid leave for the notice period instead of early release, you may be legally obliged to comply. While it might seem unreasonable, handing over company items and taking unpaid leave is often considered a valid employer suggestion to avoid complications. Seeking advice from a local legal professional is recommended for tailored guidance on your specific situation.

kavksatyanarayana (Expert) 09 December 2022
No legal issues are involved in your query. To avoid legal complications/other headaches it is better to go on unpaid leave.

Dr J C Vashista (Expert) 11 December 2022
The company / employer suggestion qua handing over all items with the employee and serve notice period or pay for the period is absolutely correct and valid.

What is your actual problem ?

It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts / document, professional advise and necessary proceeding.

Sudhir Kumar, Advocate (Expert) 14 December 2022
what was earlier term of contract.

P. Venu (Expert) 16 December 2022
The employer is unreasonable in making such a debate. For more informed discussion, you may post the query at citehr.com.

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