Is It Fair to Be Terminated While on Medical Leave? Seeking Advice on Next Steps

Hi Seniors, I was employed with an IT services company in Bangalore on a contract basis. After one and a half years of working with them, I was forced to go on medical leave for around 20 days. During this time, my HR representative asked for supporting medical documents, which I promptly sent. The certificate I provided was the original medical certificate given by the doctor who had treated me earlier.

However, he was not satisfied with this and requested hospital admission and discharge documents to be sent as well. I informed him that I would attempt to come to work to submit the same, but due to my health, I couldn't make it on the promised day and also couldn't reply to his call.

After a few days, I called to find out that I had been terminated, and the HR Manager was not willing to negotiate to provide a resignation acceptance or a relieving letter. They bluntly stated that during background verification, they would indicate that I was terminated.

Isn't it unethical to terminate someone who is on medical/accidental leave without prior notification (a simple SMS could have sufficed) or an option to resign?

Another point to consider is that the contract with the company I was working for was only two months away from termination by the client. I went on leave on May 4, 2011, and the contract was due to terminate on June 30, 2011. Up until now, in the past few months, no one from the company has updated most of its employees about the contract termination until May.

I kindly request seniors to review the situation and advise on how I can proceed with further negotiations.

Kind regards, [Your Name]

Handling Medical Leave and Termination

If the evidence provided by you for your medical leave is not convincing, your company management can treat it as invalid. In such a scenario, your leave period can be treated as "absent from work," which will invite disciplinary action. If you were on the rolls of a contractor engaged by the company, then it is not obligatory on the part of the company to issue a relieving order to you. If the case is otherwise, i.e., you were appointed by the company as a temporary employee, then they should issue a relieving order to you. However, if you are terminated, then they should have given it in writing. But in this case, as you are already terminated, you cannot tender resignation and accept for relieving. Try to have a polite approach and request the management to issue a relieving letter to you, as termination on disciplinary grounds will always have a negative impact on your career.

Regards,
Sudhakaran

Can you answer the following:

1. Were you appointed by the company on a contract basis, or are you working with the company on behalf of a contractor?
2. Why were you forced to take a 20-day medical leave after serving for 1.5 years?
3. Was any document issued to you regarding this?

We also agree with Sudhakar's argument that a polite approach and requesting the management to issue a relieving letter could be better.