Can I Legally Avoid My Notice Period Due to Health Issues and Surgery Needs?

I have been working in an IT company for the last 3 years as a lead, and I resigned last week due to health issues. My doctors have advised me to undergo surgery as soon as possible. I have explained this to my manager, but he has not agreed to an early release. Instead, he has replaced me as a lead and asked me to work as a resource during this period, dumping a lot of work on me.

Seeking Advice on Notice Period and Legal Actions

Please advise if I can insist on not serving the notice period by producing a medical certificate. Also, I would like to know if there is any legal action I can take since they are forcing me to work even though I have health issues that could further complicate my condition.

Thank you for your help.

Regards

I second Mr. Nair that you must meet the CEO, but before this, I would suggest you share your situation with the HR Head and your immediate boss/supervisor along with the medical advice note from your doctor. No employer wants to have an employee who could become a liability for them or would like to take the risk of your health because they would be responsible for any unwanted situation that might occur during working hours or because of them.

For sure, you will get early leave after completing the required procedure. I hope you have enclosed the medical advice duly authorized by your doctor with your application to seek early leave, but if not, you must submit the same. It is your prime responsibility to take care of your health and to present these documents so that you can receive proper medical treatment.

Wishing you the very best of luck, and God bless you.

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.

Approach to Address the Situation

One way is to talk to your HR Head, CEO, MD, or someone at a 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 doctor's advice and certificate. No company or employer can penalize you for going on medical leave on a doctor's 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 follow-up check, the doctor has ordered immediate hospitalization.

Only a fool will try to counter leave of absence for surgery on the 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...

Mr. Saswata Banerjee has aptly replied to your query. Please follow his advice. Lastly, if the top management is not paying attention to your concerns, you can consider legal action. However, let's hope everything will be fine, and you recover with good health soon. Please keep the legal option as the last resort.

I would like to share the common practice in my country, Indonesia. We have labor laws that have been ratified by the International Labour Organization (ILO). In certain circumstances, companies are required to take responsibility for employee illnesses caused by long hours of work. A doctor must diagnose the underlying cause of the illness. Once the doctor provides a diagnosis, the company will use this information to make decisions. The company still has the responsibility to provide severance pay when an employee leaves due to illness, and the company must also cover the medical expenses incurred during the hospitalization.

This practice is outlined in our labor laws in Indonesia, and I hope this information helps you understand the company's obligations.

Thank you.

Regards,
Bambang