Hi everyone,
Let me introduce myself first. I am Arun, working for a leading IT company, presently located in Chennai. I have recently (a week before) submitted my resignation. I was told to serve a notice period of 2 months (60 days) to complete all my relieving duties.
But just last weekend, I met with a minor accident and suffered from severe back pain. I had gone to the ortho, and he advised me to undergo treatment for 6 weeks.
Initially, he has asked me to undergo heat treatment and physiotherapy. He has also advised me to wear a back support belt. During the course of the treatment, if the ortho feels I would need complete traction, I would be on bed rest for at least 4-6 weeks. He has scheduled a checkup on 15th Dec. Based on his feedback, I might have to be on rest/traction for 5-6 weeks.
The situation is that I would need to join the new company within 2 months. How do I handle this? The Ortho said he would give me a comprehensive certificate so that I can get released from my present company by 20th December.
Please help me.
From India
Let me introduce myself first. I am Arun, working for a leading IT company, presently located in Chennai. I have recently (a week before) submitted my resignation. I was told to serve a notice period of 2 months (60 days) to complete all my relieving duties.
But just last weekend, I met with a minor accident and suffered from severe back pain. I had gone to the ortho, and he advised me to undergo treatment for 6 weeks.
Initially, he has asked me to undergo heat treatment and physiotherapy. He has also advised me to wear a back support belt. During the course of the treatment, if the ortho feels I would need complete traction, I would be on bed rest for at least 4-6 weeks. He has scheduled a checkup on 15th Dec. Based on his feedback, I might have to be on rest/traction for 5-6 weeks.
The situation is that I would need to join the new company within 2 months. How do I handle this? The Ortho said he would give me a comprehensive certificate so that I can get released from my present company by 20th December.
Please help me.
From India
First please ask for your concerned HR department & convey us their feedback, based on that only we can give you suggestion!!!
From India, Pune
47From India, Pune
Hi Ravishank,
Thanks. Well, I would need to take leave for a month. Can I submit the medical records and request to be released after serving around 40 days of notice instead of the standard 60 days? The new company is willing to extend the joining date by 1 month due to this medical ailment.
This 40-day period would provide me with enough time for a smooth transition. Have any HR professionals encountered a situation where an employee requests an early release citing medical complications? How would an organization typically react to such a situation?
Thank you.
From India
Thanks. Well, I would need to take leave for a month. Can I submit the medical records and request to be released after serving around 40 days of notice instead of the standard 60 days? The new company is willing to extend the joining date by 1 month due to this medical ailment.
This 40-day period would provide me with enough time for a smooth transition. Have any HR professionals encountered a situation where an employee requests an early release citing medical complications? How would an organization typically react to such a situation?
Thank you.
From India
Hi,
This completely depends on management discretion/line manager's recommendation, whether they will release you early or not. Please talk to your HR department and try to get to know the procedure.
Marrapan
From Bangladesh, Dhaka
This completely depends on management discretion/line manager's recommendation, whether they will release you early or not. Please talk to your HR department and try to get to know the procedure.
Marrapan
From Bangladesh, Dhaka
Well, I talked to my manager yesterday. He said I would need to serve 2 months before leaving. If I take any leaves (6 weeks), then I would need to serve 6 weeks once again and then leave the company. These guys are heartless.
From India
From India
Hi,
If you are willing to serve a 40-day notice, then ask your HR to adjust the balance notice period fee against your payments due and relieve you of your duties... That should not be a problem then.
Regards,
Eti
From India, Delhi
If you are willing to serve a 40-day notice, then ask your HR to adjust the balance notice period fee against your payments due and relieve you of your duties... That should not be a problem then.
Regards,
Eti
From India, Delhi
1) Talk to HR Department 2) Explain the Facts 3) If they accept fine, 4) If Not, Kindly pay the Notice Period Amount & finish the Issue 5) dont Darg & tak into ur HEAD 6) Enjoy REST,,,,
From India, Coimbatore
From India, Coimbatore
Hi Arun,
It is possible for you to serve a 40-day notice period instead of 60 days, but pay in lieu of the notice period (20 days) will be deducted from your final settlement. To make this happen, you need to request it from your HR department.
From India, Hyderabad
It is possible for you to serve a 40-day notice period instead of 60 days, but pay in lieu of the notice period (20 days) will be deducted from your final settlement. To make this happen, you need to request it from your HR department.
From India, Hyderabad
Hi Rajesh,
Okay, I will talk to the HR department. I will also discuss the situation with my manager. I seriously don't mind paying the notice amount as part of the final settlement.
Previously, my priority was my health, followed by job safety. Now, things are different. Both my job and health are of equal priority. I will provide feedback to you as soon as possible.
From India
Okay, I will talk to the HR department. I will also discuss the situation with my manager. I seriously don't mind paying the notice amount as part of the final settlement.
Previously, my priority was my health, followed by job safety. Now, things are different. Both my job and health are of equal priority. I will provide feedback to you as soon as possible.
From India
Dear Arun,
The situation is actually simple. However, your anxiety is leading to a panic situation. Let us, for a moment, forget that you are serving your notice period. Assuming that you were continuing in employment with your previous company and the mishap were to occur during such service that would require you to take complete bed rest, with the result that you cannot attend service for 2 months. What would happen?
Firstly, you would exhaust your sick leaves. Thereafter, you would seek an extension of your sick leave. If an extension is not given, either you would claim Casual or would be left with no option but to opt for without pay. However, the Company would not have asked you to work extra hours to compensate for your absence during your medical condition.
Similarly, today you are bedridden. You have no choice but to exhaust your leaves. The Company cannot ask you to serve the notice period compulsorily since you are not their Bonded Labor. And even if you were, such an arrangement is illegal.
Therefore, do not panic. Ensure that you fully recover from the physical suffering and are fit enough to take the challenges of your new assignment.
Hope I have been able to solve your query. Good luck to you.
Amit Poojari
From India, Mumbai
The situation is actually simple. However, your anxiety is leading to a panic situation. Let us, for a moment, forget that you are serving your notice period. Assuming that you were continuing in employment with your previous company and the mishap were to occur during such service that would require you to take complete bed rest, with the result that you cannot attend service for 2 months. What would happen?
Firstly, you would exhaust your sick leaves. Thereafter, you would seek an extension of your sick leave. If an extension is not given, either you would claim Casual or would be left with no option but to opt for without pay. However, the Company would not have asked you to work extra hours to compensate for your absence during your medical condition.
Similarly, today you are bedridden. You have no choice but to exhaust your leaves. The Company cannot ask you to serve the notice period compulsorily since you are not their Bonded Labor. And even if you were, such an arrangement is illegal.
Therefore, do not panic. Ensure that you fully recover from the physical suffering and are fit enough to take the challenges of your new assignment.
Hope I have been able to solve your query. Good luck to you.
Amit Poojari
From India, Mumbai
Dear Amit,
Thanks for the advice. My line manager gave the following instance. He said I can take sick leave for 4-6 weeks and once I come back, I would need to serve 4-6 weeks again with the same company before I can get relieved. This means that the company would give me a service certificate only if I serve the days I was on leave.
This would mean 6 weeks (on leave) + 6 weeks (compensation for sick leave) for me to get released from the company properly. This is kind of disturbing. But I haven't spoken to HR regarding this particular issue.
I would first talk to my senior manager and explain the facts. I would also provide the required medical certificates. But how can the company deny release for such a genuine situation for the sake of billing, especially being one of the top 5 IT companies in India.
From India
Thanks for the advice. My line manager gave the following instance. He said I can take sick leave for 4-6 weeks and once I come back, I would need to serve 4-6 weeks again with the same company before I can get relieved. This means that the company would give me a service certificate only if I serve the days I was on leave.
This would mean 6 weeks (on leave) + 6 weeks (compensation for sick leave) for me to get released from the company properly. This is kind of disturbing. But I haven't spoken to HR regarding this particular issue.
I would first talk to my senior manager and explain the facts. I would also provide the required medical certificates. But how can the company deny release for such a genuine situation for the sake of billing, especially being one of the top 5 IT companies in India.
From India
Hi Arun You may get your yearly leave balance adjusted againg the notice period to be served. Else you may ask your departmental head to relive you and notice period to be waved off. Regards, Neha
From India, Delhi
From India, Delhi
A notice of 60 days or payment of equivalent salary at pro rata in lieu thereof shall be applied. This is without prejudice to any right or claim which may be accrued to either of the parties by virtue of the employment thereof.
From India, Calcutta
From India, Calcutta
I will talk with love and affection. I will talk today and explain the situtation I am in now. I would provide a feedback soon.
From India
From India
Dear Arunragavan,
It's quite simple, really.
1. Please understand that no employer can force you to work during your notice period. Like someone suggested rightly, you are not bonded labor.
2. You have met with an accident that requires you to remain absent from work as per medical advice for which you have a doctor's certificate advising you complete bed rest for whatever period.
3. You have the following options:
a. You appraise the HR person of your company of your true circumstances and impress upon him that however much you would like to serve out your notice period, circumstances beyond your control prevent you from doing so.
b. Request the HR guy to waive off your balance notice period (20 days?) as a special case and relieve you accordingly.
c. If the HR guy is "heartless" as you have suggested earlier, offer to pay for the balance 20 days which is the shortfall in the prescribed notice period and request release accordingly.
d. If you have any leave to your credit, you can request for adjustment of the same against the shortfall in your notice period.
Keep copies of all these emails/correspondence which you will send/receive from the HR of your company, these may come in handy at a later stage with your new employer.
You can always inform your new employer of the actual predicament that you are in, submit copies of your correspondence with your current HR manager and doctor's medical certificate. I am sure the new HR guy will treat these with due merit and maybe not insist on a relieving letter and let you join.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
It's quite simple, really.
1. Please understand that no employer can force you to work during your notice period. Like someone suggested rightly, you are not bonded labor.
2. You have met with an accident that requires you to remain absent from work as per medical advice for which you have a doctor's certificate advising you complete bed rest for whatever period.
3. You have the following options:
a. You appraise the HR person of your company of your true circumstances and impress upon him that however much you would like to serve out your notice period, circumstances beyond your control prevent you from doing so.
b. Request the HR guy to waive off your balance notice period (20 days?) as a special case and relieve you accordingly.
c. If the HR guy is "heartless" as you have suggested earlier, offer to pay for the balance 20 days which is the shortfall in the prescribed notice period and request release accordingly.
d. If you have any leave to your credit, you can request for adjustment of the same against the shortfall in your notice period.
Keep copies of all these emails/correspondence which you will send/receive from the HR of your company, these may come in handy at a later stage with your new employer.
You can always inform your new employer of the actual predicament that you are in, submit copies of your correspondence with your current HR manager and doctor's medical certificate. I am sure the new HR guy will treat these with due merit and maybe not insist on a relieving letter and let you join.
Best Wishes,
Vasant Nair
HR Advisor
From India, Mumbai
Hi Arun,
First of all, take care of your health and good luck to you.
This issue can be sorted out only depending upon your approach and convincing capability with your HR Head.
Make him understand about your current situation and be clear to make him feel that it's a purely unexpected thing and it's not just like you are rushing up to get relieved from the current company.
Make sure that you don't talk to him about rules and regulations; it will irritate him. Don't say things like, "How can you people do this to me? I am not a bonded labor for you. What you are doing is illegal. Look at our company policy," etc. It will only worsen the situation. Don't forget that a reference check will be done from your current company, so try to be polite.
Your way of conversation should make him feel that you give him prime importance and that you are confident he will resolve this issue. Most of the time, this approach will help. Ultimately, they will be the ones who get the nod from the management.
From your company policy, find out whether the leftover leave balance can be adjusted against the notice period.
Make him understand that only because of your health issue there is a shortfall of 20 days in your notice period and for this, you are either ready to pay for those 20 days or work extra hours.
Try doing this:
1. Try adjusting your notice period with your leave balance.
2. Try paying off the balance of 20 days.
3. Try convincing your manager to treat this as a special case and allow you to leave without serving the 20 days' notice period by considering the medical certificate.
4. If none of these works, ask if you can work extra hours to cover up the 20 days' notice period.
Please come back with good news. Good luck, yaar.
From India, Madras
First of all, take care of your health and good luck to you.
This issue can be sorted out only depending upon your approach and convincing capability with your HR Head.
Make him understand about your current situation and be clear to make him feel that it's a purely unexpected thing and it's not just like you are rushing up to get relieved from the current company.
Make sure that you don't talk to him about rules and regulations; it will irritate him. Don't say things like, "How can you people do this to me? I am not a bonded labor for you. What you are doing is illegal. Look at our company policy," etc. It will only worsen the situation. Don't forget that a reference check will be done from your current company, so try to be polite.
Your way of conversation should make him feel that you give him prime importance and that you are confident he will resolve this issue. Most of the time, this approach will help. Ultimately, they will be the ones who get the nod from the management.
From your company policy, find out whether the leftover leave balance can be adjusted against the notice period.
Make him understand that only because of your health issue there is a shortfall of 20 days in your notice period and for this, you are either ready to pay for those 20 days or work extra hours.
Try doing this:
1. Try adjusting your notice period with your leave balance.
2. Try paying off the balance of 20 days.
3. Try convincing your manager to treat this as a special case and allow you to leave without serving the 20 days' notice period by considering the medical certificate.
4. If none of these works, ask if you can work extra hours to cover up the 20 days' notice period.
Please come back with good news. Good luck, yaar.
From India, Madras
By virtue of your appointment, "your services are terminable by giving two months' notice or salary in lieu thereof, by either side." Hence, you can either convince/request the HR Manager and:
• pay for the balance notice period or
• adjust the same against your final settlement amount or
• adjust the leaves to your credit against the shortfall in your notice period or
• waive off the balance notice period and relieve you.
A company cannot deny release for such a genuine reason as yours. Is there any misunderstanding between you and your HOD that he is so adamant to release you? Hope your company relieves you amicably. Good luck to you.
Regards
From India, Hyderabad
• pay for the balance notice period or
• adjust the same against your final settlement amount or
• adjust the leaves to your credit against the shortfall in your notice period or
• waive off the balance notice period and relieve you.
A company cannot deny release for such a genuine reason as yours. Is there any misunderstanding between you and your HOD that he is so adamant to release you? Hope your company relieves you amicably. Good luck to you.
Regards
From India, Hyderabad
Maliniluky
Vasant Nair
Rachel George
Thanks a lot for your inputs. I had a talk with my line manager who is kind of compassionate to my situation. He understands that there are certain things which are way beyond our control.
I will talk to the HR and request him by explaining the situation. I have also talked to the new company's HR who understands my situation.
I would talk to my manager today and explain to him the treatment I am undergoing. Hopefully, they would understand. I just need a 20-day reprieve so that I can sort out things myself.
From India
Vasant Nair
Rachel George
Thanks a lot for your inputs. I had a talk with my line manager who is kind of compassionate to my situation. He understands that there are certain things which are way beyond our control.
I will talk to the HR and request him by explaining the situation. I have also talked to the new company's HR who understands my situation.
I would talk to my manager today and explain to him the treatment I am undergoing. Hopefully, they would understand. I just need a 20-day reprieve so that I can sort out things myself.
From India
Hi guys, I talked to my manager and emailed all the facts. He was compassionate and informed me that he would release me by the end of this month. He has also communicated this to the customer. However, when I spoke with the HR, he was quite heartless. He said I would need to come to the office no matter what, regardless of what happens.
Please suggest.
From India
Please suggest.
From India
Well, guys, the HR still insists that if I take leave now for a few weeks, I would need to compensate for the same coming back for sickness. Kind of if I take leave for 4 weeks, I would need to come back after 4 weeks of sick leave and serve 4 weeks and then get released from the company. I am still negotiating, but nothing seems to work and no one seems to listen. Can anyone suggest what I can do?
From India
From India
Hi Guys,
An update: I have already completed 1 month of my notice. I talked with my manager and also emailed him all the medical reports.
I told him that I find it difficult to travel, and now I am traveling by local bus instead of a bike or a car. I requested him to transfer me to the bench so that I needn't have to travel 14 km one way every day. He bluntly rejected my request and said I would have to serve the notice period in the project (I am billable) no matter what. Four more weeks to go, and I find it really painful. I had asked to be released at least by Jan 8th so that I can get admitted to the physiotherapy center to avoid any further damage.
The management still hasn't found a right replacement for me. I would need to train him and then leave the organization. But the manager confirms that Jan 15th will be my last working day no matter what.
Forcing an employee to come to the office with such extreme medical issues is kind of indigestible for me.
What do you suggest I need to do?
From India
An update: I have already completed 1 month of my notice. I talked with my manager and also emailed him all the medical reports.
I told him that I find it difficult to travel, and now I am traveling by local bus instead of a bike or a car. I requested him to transfer me to the bench so that I needn't have to travel 14 km one way every day. He bluntly rejected my request and said I would have to serve the notice period in the project (I am billable) no matter what. Four more weeks to go, and I find it really painful. I had asked to be released at least by Jan 8th so that I can get admitted to the physiotherapy center to avoid any further damage.
The management still hasn't found a right replacement for me. I would need to train him and then leave the organization. But the manager confirms that Jan 15th will be my last working day no matter what.
Forcing an employee to come to the office with such extreme medical issues is kind of indigestible for me.
What do you suggest I need to do?
From India
Pls help me to draft a reliving letter stating that the paymant will be adjusted against the notice period as the employee did not give notice period Thanks & Regards.
From India, Mumbai
From India, Mumbai
Hi,
I also have a similar query.
I am Francis and was working with an MNC. While I was away on holidays, I got my disc disbalanced, and my right leg got almost paralyzed. I was admitted to the hospital and was on traction for 3 weeks. Immediately upon getting admitted to the hospital, I informed the same to my HR head as well as my functional head. I sent an email for medical leave using my mobile. This happened at the month-end. I was regularly approached on the phone by my functional head for the Monthly review reports, and I somehow managed to get the same ready. I got totally frustrated because of the approach of my functional head and decided to quit my job. Then, on the 7th day of my admission to the hospital, I sent my resignation notice by email to the HR head as well as the functional head. After 21 days, I was shifted to my house, where I was on total bed rest for 1 1/2 months. I reported back to the company almost after 2 months (Notice period was 2 months), when I was almost able to walk. In the meantime, the company had taken a replacement for me. I stayed for one week and passed on all duty details to the newly appointed person. I was relieved after that.
Now the issue is that the HR person responsible for calculating my F & F settlement is saying that I need to pay two months' salary to the company, for which I informed him that I had given my resignation notice by email as I was in a bedridden condition. But he is insisting that I need to pay back two months' salary.
Please suggest what should I do. I have 20 days of Paid Leave and 12 days of sick leave in my account.
From India, Hyderabad
I also have a similar query.
I am Francis and was working with an MNC. While I was away on holidays, I got my disc disbalanced, and my right leg got almost paralyzed. I was admitted to the hospital and was on traction for 3 weeks. Immediately upon getting admitted to the hospital, I informed the same to my HR head as well as my functional head. I sent an email for medical leave using my mobile. This happened at the month-end. I was regularly approached on the phone by my functional head for the Monthly review reports, and I somehow managed to get the same ready. I got totally frustrated because of the approach of my functional head and decided to quit my job. Then, on the 7th day of my admission to the hospital, I sent my resignation notice by email to the HR head as well as the functional head. After 21 days, I was shifted to my house, where I was on total bed rest for 1 1/2 months. I reported back to the company almost after 2 months (Notice period was 2 months), when I was almost able to walk. In the meantime, the company had taken a replacement for me. I stayed for one week and passed on all duty details to the newly appointed person. I was relieved after that.
Now the issue is that the HR person responsible for calculating my F & F settlement is saying that I need to pay two months' salary to the company, for which I informed him that I had given my resignation notice by email as I was in a bedridden condition. But he is insisting that I need to pay back two months' salary.
Please suggest what should I do. I have 20 days of Paid Leave and 12 days of sick leave in my account.
From India, Hyderabad
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Withdrawl of Resignation and Notice period.doc
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