anil (senior associate) 08 May 2012

Resigned health problem,very urgent

Dear Sir,

I have undergone two thyroid surgeries and radiation for 2months before and doctor advised me to take rest but came to office as usual. Now I am suffering with health problem, finding tiredness, unable to go to office.

I have requested HR team to give 1-2months leave and submitted all the reports but HR is not agreeing for long leave, after submission of resignation also they have not agreed for leave. I am physically challenged person finding very difficulty to go to office, have not been actively assigned any work now.

As per offer letter they have mentioned as 90 days notice or 90day pay in lieu of either parties, have completed 10 days of notice, can I pay 80 days salary as per offer letter and can I release from duties?

Is thee any legal term against to my health problem.

Requested seversal times not agreed for leave by HR team.

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2 Replies

Venkat Mani Sekhar (advocate) 08 May 2012

while fulfiling your contractual obligaiton as per your company norms, no need to pay any amount, health ground is good ground for obtaing leave and you forced to submit your resignation - you have legal remedies make representation for sanction of leave on health ground, if your employer terminates you without sanctioning leave, employer has to pay compesation.

Kumar Doab (FIN) 08 May 2012

Mr. Sekhar has given valuable advice. Kindly follow it.

It seems all transactions posted by you are verbal.

You may submit your leave application under acknowledgment. let HR decline in writing.Termination during sickness is usually treated as bad order.

If you have decided to separate you may tender notice of resignation and then submit leave application with copy of bed rest adviced by doctor. Let HR decline sick leave in writing.Company shall avoid written declinature.

If HR/line management is damant you may submit a representation in writing under acknowledgment aqddressed to good offices of your appointing authority, MD, CEO, Company Secretary, with a copy to Head-HR.

In all probabilities you shall get relief. If no relief is granted you may approach a lawyer and legal notice can get you relief.

You can withdraw your notice of resignation before effective date of resignation and you shall continue to be in employment. You can later submit a leave application again. Company should adopt a human approach in such cases as yours.