Facing Job Loss and Financial Strain After Hip Surgery: How Can I Navigate This?

Greetings to all specialists, my name is DD, and I have been working for an insurance firm for 6 years and 8 months. In July, I underwent hip surgery for necrosis. I had sent out an email to everyone regarding this. Now, after 6 months, my surgery has failed, and I have to undergo another surgery. I attempted to return to the office in November, but due to severe pain, I had to stop going to the office. My new boss mentioned that there are no vacancies, so I was asked to resign, as did the HR department.

I am facing severe financial problems because I was on sabbatical leave without pay (LWP). Please help me find a way out of this situation and suggest corrective measures.

Thank you.

Drafting a Gentle Communication

First, submit a carefully drafted gentle communication addressed to the good offices of the appointing authority, MD, and Chairman. Narrate that you have been on medical leave and that Mr./Ms. [Name], [Designation] at the office address, on [mention the date], asked you to resign. Request the good offices to intervene and instruct all concerned not to ask you to resign or terminate your employment.

Record all such calls, meetings, and submit minutes accordingly. There are Supreme Court of India judgments stating that an employee cannot be terminated even if on prolonged leave.

Build proof of the demand for resignation and regularly submit the doctor's advice recommending bed rest.

I really appreciate you guys taking the time to study my case so closely. Below are my job details:

Company Type: Private
Vintage: 6 Years and 4 months from last working date (7th July 14)
Designation: Sr Executive - M2
Nature of Work: Back office and Operations
Dept: Contact Centre
Job Responsibility: Quality

Apart from the above, do I maintain all the emails, records, and documents sent to HR? Currently, it's the Sr Manager who's asking me to resign, with the head of Operations and my boss marked on that email. I am also surprised if they are asking me to resign. My new boss is not at all supportive and helpful. He is urging me to quit by saying there is no vacancy. Should I also mark an email to her higher-ups?

Please advise.

Kind Regards,
Dindayal Guru

Looking into your nature of duties, these are mainly clerical in nature as you maintain records. Thus, you are covered as a workman under the ID Act. Since you have worked for more than 240 days in a year and you are treated as permanent under the Shops and Establishment Act for having worked for more than 6 years, your employer cannot retrench you without following the principle of "last come, first go," even if there is no vacancy. If they have to re-employ for your position, you must be offered the position first. If you belong to Tamil Nadu, you are further protected under the TN Shops and Establishment Act. You do not need to resign from your job. Furthermore, your employer cannot terminate you because of medical grounds.

Thanks,
Sushil

Good to see some strong clauses favorable. Also, what's important for me to know is when should I mark my final mail. As of now, I am taking a 6-week bed rest as advised by the doctor who operated on me. Should I copy the higher-ups as well in a requesting format? I am quite happy to see your response.

Regards,
Dindayal Guru

Instead of sending an email, please send a registered letter to higher-ups requesting leave on medical grounds. Refer to and enclose the medical certificate from your doctor, and if possible, also include one from the doctor at the civil hospital. Additionally, state that you are being illegally pressured to resign by [Name], who informed you of this on [date]. Request that medical issues can affect anyone, but they should not be used as grounds to dismiss a dedicated employee.

Thank you,

Sushil

Dear Sushil boss,

Is there a possibility where they would re-employ me and later place me in a department where I only get frustrated and resign? This is because there are teams like Underwriting and New Business where people have become frustrated and quit. They make them work and sit until late hours, beyond 10-12. Once I get close to recovering, I will send the resignation letter and observe their reaction.

Regards.