Facing Job Loss Due to Koch's Spine: How Can I Secure My Position While on Medical Leave?

Hi, I am unable to come to the office due to suffering from Koch's spine for the last 3 months. Currently, I am undergoing treatment as advised by the doctor, and a maximum of 5 months of bed rest is required according to the doctor's advice. However, my department head has asked me to join next week or I will lose my job. Since my job is important to me, please advise on the rules and help me draft a letter.

Regards,
Palkesh

Understanding Your Rights Under Medical Leave

Your case is a medical case. If you are covered under ESI, the payment of the salary will be the responsibility of the ESIC, without any financial burden on your employer. If you are not covered under ESI, you are entitled to all types of leaves to your credit and also "Leave without Pay."

If you are medically unfit to resume your duties, your employer cannot force you to work. You may produce a Medical Certificate to your employer regarding your condition and medical advice.

If your employer takes any suo-moto action to terminate your services, your case will fall under the Industrial Disputes Act, and you can seek the refuge of the Labour Inspector.

Regards

Please tell your department head to have some patience and courtesy regarding medical issues. Also, please submit a brief medical report to your department head. If possible, ask a colleague to collect it from you and then have them deliver it to your department head. Remember, they cannot remove you abruptly. Follow the advice given by Surendra.

Thank you.

Thank you for your reply. I have already submitted my medical report, but my supervisor has informed me that my manpower is down, so I will be joining next week. Please advise whether I should go to court or handle other matters, etc.

Please let me know your thoughts on the situation.

You are welcome, Palkesh, anytime. Please do not worry. Just send a polite reply to your boss under cover of a letter sent through Speed Post.