Can My Employer Take Action If I Extend My Medical Leave Due to Injury?

Dear Sir/Ma'am,

I am Ravi Arora, currently working with a private life insurance company, and I am a confirmed employee of the company. Last month, I got injured, and I am still on medical leave. I have already taken around 6 weeks of medical leave, and HR has confirmed that I can avail my total leaves as medical leave. However, I am still not comfortable returning to work, and there are 30 carry forward leaves pending.

My employer is urging me to rejoin immediately and has called me several times, but I am not okay to do so due to my injury. I have attached the doctor's medical certificates and prescription to this email.

Can my employer take any action against me? Please advise on the consequences in this case.

Regards,
Ravi Arora

From what you mentioned, it seems that your company's HR does not believe that your request for an extension of medical leave is necessary. You have not mentioned the reason for your medical leave. When you wish for the members of this forum to give suggestions, unless you provide details, you will only receive half-baked suggestions based on your incomplete inputs. When you mention "injury," it can mean anything. There could be injuries that would take months to heal, and there could be injuries that heal in a couple of weeks, if not a few days.

Regarding Medical Certificates

Regarding the medical certificates that you forwarded to your HR, please understand that beyond a point, especially in the age we live in, such documents lose their sanctity unless corroborated or strengthened by additional evidence.

Have you checked with your HR the reasons why you are not being given an extension of the medical leave? Please provide the full and complete details of your medical condition so that the members can offer you realistic and accurate suggestions.

All the best.

Regards,
TS

I have an injury involving the straightening of the lumbar spine and mild spondylolisthesis at the L4/5 level. The doctor advised me to use an LS Belt and undergo physiotherapy for recovery. I have also arranged for the prescription and medical documents to be sent to the officials via email, but they are pressuring me to join. The HR department has not contacted me, but the sales officials are urging me to join. However, I am not in a condition to do so.

Please advise.

Regards,
Ravi

Suggest waiting for other members to respond. But, prima facie, I think you are in a no-win situation. Given your medical situation (this could take quite some time to heal, since spinal injuries don't heal fast and most often need continuous bed rest), my suggestion is to quit the job and focus on your healing. What your company seems to be doing is avoiding paying salary for a long duration—they too would know that this won't be fast—it could take even months. By asking you to rejoin, they are, in fact, forcing you to resign. Once you are ready again, you can then hunt for a new job. Also, I suggest speaking to your HR and keeping your options open to rejoin after your recovery. I know this is a tough decision you will need to take, but I suggest seeing it realistically—after all, your health is more important at this point in time. All the best.

Regards,
TS

I understand your situation. One thing you can do is to address this issue with your immediate boss, who can then escalate it to higher management through HR. In this scenario, an employee taking an extended leave for any reason could potentially disrupt activities, especially in private insurance companies where the competition is intense. Your case appears to be valid, and HR personnel may be understanding, but they might also face pressure from higher management, making them somewhat powerless. I suggest speaking with your boss, explaining the situation, and moving forward. Remember, health is paramount, so focus on that for now. Any setbacks in your professional career can be managed once you have recovered.

Please let me know if you need any further assistance.

I agree with what the others have said. One suggestion from me: If possible, please make a personal visit to your office to speak to your boss or HR. This is just to let everybody see that your reason is genuine. A personal touch always makes an impact. I wish you a full recovery. Health is wealth, so take care.

Regards,
Jayashree Sairam

Dear Mr. Arora,

I agree with the views expressed by all seniors. Please do visit the office once and speak to your superiors and HR too. Meeting in person is always better, and they might reconsider their stance on your joining. If they do not, your health is more important, as expressed by TJ.

Just adding a case that is with me currently. One of our employees had been detected with multiple blockages in the heart and is currently undergoing treatment for the same. The said employee has been on medical leave for 2 months, but he has left no stone unturned. Every time he can, he manages to come for some time during afternoons, oversees his juniors, and clears their doubts on the job. He is covered under ESIC; hence, the delay in the procedures. However, last week, he got the last of the stents fitted and may join full-time soon. Although in this case, he is a very old employee and enjoys good equity with the management.

Wish you a speedy recovery.

Best Regards,
Bharati Joshi