Saswatabanerjee
Partner - Risk Management
Teamgrouphr
Placement Consultancy
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
HR4NATION
Hr Consulting
+1 Other

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Dear Seniors,
I worked as a Zonal Manager in one of India\'s leading pvt sector companies. However I had developed some life-threatening ailments In due course of time(not at the time of joining) & communicated it officially with all the medical reports(which advised me atleast 1 year of intensive treatment) to my boss (who is the AVP of the co.) & HR.My boss said since I belonged to the higher management,I am entitled to sabbatical leave(because obviously 1 year of absence would exhaust all my sick leaves).I believed him on good faith, however he asked me to put in a Resignation Letter, so that they can employ somebody in my place for the period I am not available and said I wont have to reapply while joining back.I did that on good faith (which was stupid on my part) and subsequently I was relieved with 2 months salary and also PF & FF settlement. But during this course of time, the division I was heading got dissolved .Now that I have recovered fully from my ailments ,when I wa

From India, Calcutta
Dear Saumya,
Greetings!!!
Although your post is not complete, it's evident that your old company is refusing to take you back.
Let me tell you upfront that you can do nothing about this. For Sabbatical leave , you apply in a prescribed format and do not tender your resignation. However, since you have resigned and your F&F settlement has been done, there is little legal ground for appealing the decision of company. I am sorry to say this, but good faith is not a valid legal ground for employment related litigation.

From India, Delhi
Hello Saumyasengupta,

Like GroupHR mentioned, Sabbatical Leave is applied in a specific Format, like any other leave.

Your AVP seems to have thought of getting rid of you for sure & choose this way.

Suggest look @ the situation from another angle: Whatever happens is usally for our good, though we don't realize it while going thru the situation/phase. In your situation, you mentioned that the Division you were heading has been dissolved--WHAT IF you were still there & the Division got dissolved even while you were undergoing medical treatment? Wouldn't that be an added cause for worry & tension--WHEN you should have been focusing on getting back to normal? And even assuming that you were taken back after your recovery, WHAT IF the Division got dissolved AFTER you rejoined?

Just give such scenarios a thought.

Coming to the options open to you now, look for other opportunities--since you would be having Medical Docs to prove the 1 year career gap, it shouldn't be tough to settle-down in another job sooner than later.

All the Best.

Rgds,

TS

From India, Hyderabad
Hi Saumya
As far as legal options, you have nothing. Only written documents are valid in court of law.
Break of 1 years in career should be a problem in applying for new job, as you have all medical documents. I would also suggest you to take a fitness certificate from the doctor who treated you. This is not required, but just in case your new employer asks for one.
Regards
Sivaramakrishnan

From India, Madras
Even if there was a written document for sabbatical, it would make little difference.

Your department is dissolved, so your job no longer exists.

Sabbatical is not an official or legally enforceable as such since it is not in any act.

Its an internal policy that some companies follow. If you were in a government company, it would be enforceable because government companies are required by law to follow their own policies in an absolute fair manner.

Even if the sabbatical was enforceable, you would come back to a non-existent position. At best you would be terminated with notice pay. It would not help you any further than that.

So, forget it.

In any case, you would have had to resign since you would not have 1 years leave available.

Now go ahead and find a better job.

You can openly tell people that you chose to take 1 year sabbatical due to health reasons.

Most people will accept that.

However, ensure you have a fitness certificate from your doctor to show them you are capable of working now.

From India, Mumbai
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