Struggling to Get My Experience Certificate After Extended Medical Leave – What Should I Do?

Hi guys, I worked at XXX company from Dec 2012 to Feb 2015. Due to my health issues, I took a 3-month leave and went for treatment. The issue was quite serious, and it took longer than the 1 year they had initially allowed. However, they contacted me after 3 months to inquire about my return. Given the tough situation, I explained the ongoing health problem to them. They insisted I come to the office directly, but at that time, I was unable to travel, so I did not go.

After a year, when the treatment concluded, I reached out to HR to request my experience certificate. Feeling somewhat improved, I intended to search for a job that would be suitable considering my health concerns. Unfortunately, they did not respond to my inquiry.

How should I proceed to obtain my experience certificate?

Since the employer granted you leave but later called you back after 3 months, your inability to join at that time does not mean you have been discharged from services. Formal communication through a letter following the standard process is necessary. It is advisable to send a registered letter to rejoin duty, enclosing the medical and fitness certificates from a doctor. Please await their response. You are entitled to receive an experience certificate only upon discharge from services under the Shops and Establishment Act.

Thanks,
Sushil

Even after that, I called my manager and explained everything. He also accepted that and told me that he would help me in this concern. However, he said, "Experience letter is purely dependent on HR, I am not able to do anything. If HR people ask for any suggestions from me, then I will help you out by mailing those medical documents to HR and me with a proper reason." I mailed those documents to all of them 20 days ago, but I still haven't received any reply from them.

Experience Certificate Issuance

An experience certificate is issued for the period during which you have worked. Your employer can provide a declaration for that specific duration only.

It is understandable if you were on leave due to health issues and your employer permitted the leave for that reason. However, they cannot issue an experience certificate for the period when you were on leave or not working. While you were officially on record, not actively working is a fact you must acknowledge.

It is positive that you have recovered and are now seeking new job opportunities. I believe an experience certificate for the actual duration of your work will suffice. You can submit your medical history and other necessary documents to your employer. They can mention your work tenure, including the approved leave period, until the date when you were officially on their records.

@Anil,

Thank you for your suggestion. Actually, I was inquiring about the experience for the period during which I worked. I didn't account for the leave period either. I joined in December 2012 and took leave from February 2014 to April 2014. It would be sufficient to have an experience letter from December 2012 until February 2014. However, they have not provided it for even this duration. I have been trying to call them for the past 15 days, but they have not answered my calls.

Thank you.

Entitlement to Work Certificate

You are entitled to receive the work certificate for the period you were in actual service. You would have received an appointment letter when you joined. Furthermore, your leave has been approved, and you should have sent a letter even if there is no confirmation from them.

Termination and Communication

Even if they had terminated your service, they should have sent a letter to your last known address. Was this done?

Steps to Obtain Experience Letter

You should send a registered letter to the company requesting them to send the experience letter and also seeking the balance details regarding your EPF, which also need to be transferred to the new employer as and when you get employed!

Actually, I was in the mindset that I don't want EPF and all. I only need an Experience Letter, which is useful for me to get a job further. But they are not even considering my situation, problem, and not even my life. Really, I was feeling sad when I think that I worked under these guys. As of now, I sent an email with a detailed explanation and medical proof as attachments. After one week, I sent a reminder email also, and twice weekly I was calling my HR person. But what's the result? I am not getting a reply yet, and they are not attending my calls either.

If there is anything else I need to do, kindly let me know. I am ready to do that as well. The only thing that I was not able to do is traveling. The doctor advised me not to travel long distances. If that's not an issue, I would have gone directly to the office.

Send a resignation letter to the concerned party, requesting immediate release and settlement of any outstanding dues (relieving letter, service certificate, etc.).

Thank you.

If I ask for a relieving letter or experience letter, they are telling me that I am already marked as absconded.