Dear All,
I am working in an IT company for last 3 years as lead and I have resigned last week due to health issues.
Doctors have advised me to undergo surgery as soon as possible, I have explained this to manager but he has not agreed for early release and also he has replaced me as a lead and asked me work as a resource during this period and dumped lot of work on me.
Please advice if I can insist on not serving notice period by producing medical certificate and also if there is any legal action that I can take since they are forcing me to work even after having health issues which will complicate my health issues further
Thanks for your help

From India, Hyderabad

These matters are largely depending upon the management style, management tactics & policies of organization.
Please meet the CEO of your company and apprise him of the situation and request his help/intervention in the matter.
Thanking you.
R K Nair

From India, Aizawl
I second Mr Nair that you must meet CEO but before this I would suggest you to share yourself to the HR Head and your Immediate Boss/ Supervisor along with the medical advice note by your doctor.
No employer want to have an employee who can became a libality for them or won't like to take risk of your health because they will be responsible for any unwanted situation if happen during working hours or because of them.
For sure you will get early leave after completing the required proceure.
And hope you have enclosed the medical advice duly authorised by your doctor with your application to seek ealry leave before but if not you must submit the same.
This is your prime responsibality to take care of your health and to present these documents so that you can take proper medical treatment.
Wishing you very best of luck and God Bless you

From India, Gurgaon
It appears that your company (or more correctly the manager) is more interested in following the rules than in evaluating what is better for the business, or does not believe you actually have a medical problem.

One way is to talk to your HR Head, or CEO or MD or someone at senior level, who will understand the situation and the risk the company will be taking.

The other way is that you proceed on medical leave based on your doctors advice and certificate.

No company or employer can penalise you for going on medical leave on doctors advice.

(let the doctor be specific that surgery is immediate and not something vague that it needs to be done at the earliest)

Inform the company about the medical emergency and offer to complete your notice period after you recover and are allowed by the company to work. In the letter, specify that you had already informed the manager about your problem and had asked for early release and now on followup check, the doctor has ordered immediate hospitalisation.

Only a fool will try to counter leave of absence for surgery on instruction of a doctor. But then there may be idiots everywhere. You will know whether your management (not your manager, but the top management) is a fool or not.....

From India, Mumbai
Mr. Saswata Banerjee has aptly replied your query please do the same as per his advice. Lastly if the Top management is not giving a heed to your voice, you can go legal too. But lets hope everything will be fine and you recover with good health soon. Please keep the legal option on the last stage.
From India, Ahmadabad

Hi KP4320,
I would like to share the common practice in my country Indonesia, we have a labor law which has been ratified by ILO.
For certain reason, company has to be responsible due to employee illness because of day to day long work. Doctor has to diagnose the factor behind the illness. Once the doctor give the diagnoses of the illness, then the company will use for decision. There is still responsibility of company to pay the severance when employee exit from company due illness and also company cover the medical expense during he/she went to hospital.
This was under our labor law in Indonesia, hope it helps you to understand company obligation.
Thank you.

From Indonesia
As per my opinion your immediate Boss and next senior is your best wishers to solve the problem, because every employee has same kind of situations in his professional life span, so rather to go strait to the CEO, it should be resolve at lower level because these executives are true worker who deals in the matter. But if your prior relations with the HR deprt had some other issues it may not work, than your super Boss could do.

From India, New Delhi

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