Navigating a Career Dilemma: How to Handle Job Loss After Medical Leave?

Dear Seniors,

I worked as a Zonal Manager in one of India's leading private sector companies. However, I developed some life-threatening ailments over time (not at the time of joining) and communicated this officially with all the medical reports (which advised at least 1 year of intensive treatment) to my boss (who is the AVP of the company) and HR. My boss said that since I belonged to higher management, I was entitled to sabbatical leave (because obviously, 1 year of absence would exhaust all my sick leaves). I believed him in good faith; however, he asked me to submit a Resignation Letter so they could employ somebody in my place for the period I was unavailable and said I wouldn't have to reapply upon returning. I did that in good faith (which was a mistake on my part) and subsequently, I was relieved with 2 months' salary and also PF and FF settlement. But during this time, the division I was heading got dissolved. Now that I have fully recovered from my ailments, when I wa

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 the company. I am sorry to say this, but good faith is not a valid legal ground for employment-related litigation.

As 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 and chose this way. I suggest looking at the situation from another angle: Whatever happens is usually for our good, though we don't realize it while going through the situation or phase. In your situation, you mentioned that the Division you were heading has been dissolved. What if you were still there and the Division got dissolved even while you were undergoing medical treatment? Wouldn't that be an added cause for worry and 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.

Options Available to You

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

All the Best.

Regards,
TS

As far as legal options go, you have nothing. Only written documents are valid in a court of law. A one-year break in your career could pose a problem when applying for a new job, even though you have all the necessary medical documents. I would also suggest obtaining a fitness certificate from the doctor who treated you. While this is not required, it may be useful in case your new employer requests one.

Regards,
Sivaramakrishnan

Understanding Sabbatical Policies and Job Security

Even if there were a written document for a sabbatical, it would make little difference. Your department is dissolved, so your job no longer exists. Sabbatical is not official or legally enforceable as such, since it is not in any act. It's 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 absolutely fair manner. Even if the sabbatical were 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 one year's leave available. Now go ahead and find a better job. You can openly tell people that you chose to take a one-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.