Facing Health Issues and a Bond: How Should I Handle My HR's Denial for Leave?

Hi,

I am an IT employee currently under a 2-year bond period, with half of it already served. I had taken medical leave for 1 month and then rejoined. Now, I am facing medical issues again and need more time off, but my HR department is denying my request. I am unsure about what to do next. Should I consider resigning since the HR team is not clearly communicating their expectations? However, resigning is complicated due to being under a bond agreement. I would appreciate your guidance on how to proceed in this situation.

Kindly suggest.

You can resign on the basis of medical grounds. Just produce the medical certificate stating that you are no longer fit to serve the organization, and that's why you want to resign. It doesn't make any difference whether you are serving under a bond or not. The test of natural justice has been fulfilled.

If you have a medical problem, you can take leave, and the leave cannot be denied to you. If there is no leave credit, then it will be leave without pay. The company can terminate your services on account of prolonged illness by following the relevant procedure.

So, I would suggest that you go on leave and send a formal leave application with a certificate from your doctor.

Advice from the learned poster Saswatabanerjee is absolutely correct.

If you are sick, then the company will have to give unpaid leave. If the company is not happy with your leave, then they can terminate your services, and in that case, the bond is not valid. All you have to do is provide an adequate and true medical certificate.

Dear [Employee], Since you are currently serving the bond period that you have already accepted, you will need to comply with the terms of the bond agreement. Some companies outline specific conditions and liabilities in the event that an employee leaves before completing the bond period. If such conditions are not explicitly stated in the agreement, you are free to resign without any liabilities. However, your resignation will only be accepted if you meet the stipulated conditions. Ultimately, if you wish to resign, nothing can prevent you from doing so. The acceptance of your resignation will be subject to the terms outlined in the bond agreement.

Sincerely,
Regards

At the outset, let me say that breaking the bond is not good. However, your case appears to be different. The employer can rightfully demand to know details of your medical problems to verify if these are genuine or an excuse to skip the bond!

It is better to appeal to the authorities higher than HR, including the reporting manager, and represent the genuineness of the problem(s) that justify your ceasing to be employed. However, should you be found to have accepted employment elsewhere immediately or after a while, leading to an inference that your medical certification was fraudulent, then God help you; you will carry a stigma for all future. What other consequences this may lead to can only be surmised.

It may appear rather old-fashioned and therefore unpalatable to you and your well-wishers at this stage, but please remember that building a career on competence, facts, honesty, and transparency is far more stable than anything else.

You may, of course, quit the job and be willing to face the future on the principle of "to cross the bridge when you come to it!" It is your right to decide the most suitable course of action in your own interests.

Regards, Samvedan

I agree with Mr. Samvedan and Saswata Banerjee. You must speak to a higher authority with your medical advice and other relevant details so that you can take leave. They have to consider your application in this regard.

Secondly, by doing this, you don't need to think about leaving your job on your own, which is also not possible due to employment bonds and conditions. Hence, it is the employer's call whether they allow you to take leave (LWP) for the required period or release you from the bond conditions.

Hi all,

Thank you for your valuable suggestions. My organization has already initiated absconding action against me, and now I have been given a deadline to join within 3 days along with written proof for the absence; otherwise, they will collect the bond money.

Produce medical evidence of your health problems. The company can verify the same. If an employee is genuinely sick, no one can compel him to work or join duty. As a matter of routine, when a person produces a medical certificate, he equally produces a fitness certificate for joining duty.

Bond Termination and Legal Recourse

Generally, bonds cover eventualities of termination by misconduct or otherwise. However, in this case, he has covered half of the period, and thus he can negotiate his release. If the employer is adamant arbitrarily, then he can refer to the law under sections 73 and 74 of the Contract Act, wherein only a reasonable amount can be recovered, which includes expenses on traveling, training, etc. Moreover, the validity of the bond in the context of Shops and Establishment can be challenged. Please see threads on bond-related issues.

Thanks,

Sushil

Hi,

I tried to convince them and took my medical documents, but it is very sad that they did not even acknowledge my reporting. Hence, I am considered absconded. Now they are not even giving me the service letter.

Can anyone tell me if I can still get a new job without a service letter but showing salary slips as my experience?

Even if you are under a bond and experiencing medical problems, you may resign with medical certificates. You will not be treated as an absconder, but the employer should relieve you with the condition of recovering the appropriate bond amount. If the employer does not take any such action, file a civil suit with a prayer of interim mandatory injunction to obtain the relieving letter and experience letter from the employer and try to settle dues before the civil court.

Thanks,
Sushil

As I stated earlier, you can file a civil suit for a mandatory injunction by paying nominal court fees to direct the employer to issue you a relieving letter and an experience letter. Therein, pray for an interim mandatory injunction to have the relieving letter and experience letter issued to you. At the very least, the employer is required to issue a conditional relieving letter regarding the recovery of dues from you and the experience letter. You can argue about the reasonableness and extent of the bond amount due from you under Sections 73 and 74 of the Contract Act as well as their legality in the context of the provisions of the Shops and Establishment Act. If you happen to fall under the definition of a workman as defined in the ID Act, similar proceedings may be applicable, but the period for obtaining relief may be longer.

Thanks,
Sushil

Whether you will get a new job without a relieving letter will depend on the industry you are in and the company you are joining. Large companies will not be willing to give you a job. Smaller companies mostly do not bother. Of course, that is more likely in industries where your skill is in short supply or critical.

"Of course, that is more likely in industries where your skill is in short supply or critical."

Practical and good advice. It is always important to treat every job with care and do all exit formalities properly and with adequate notice. Jumping jobs can prove troublesome.

To address the issue of potential termination due to absconding, one could consider the following approach. Keep a record of all communication, including emails, and consistently respond indicating your willingness to continue working but requiring some time off for health reasons as advised by your doctor. By doing so, it may prevent them from terminating you based on absconding allegations. Instead, they might either grant you the requested leave or release you from employment citing health concerns.

Maintain thorough documentation to prove that you did not abscond from your responsibilities.

Best of luck.

How long have you been in HR, and how many companies have you worked for? What makes you say the employer CAN'T issue an absconding letter? Or won't be able to terminate him? What stops them? Whether it's fair is a different matter. But why won't they treat it as absconding? Are you expecting they will be scared of a lawyer's notice? Or are you suggesting the employee go to court and spend a few lakhs to get the company to rectify the records? And what? Do you want a court injunction and a writ to the company to give a good background verification report in the future?

How to Handle Absconding Situations

"How can they issue an Absconding mail? Just keep a backup of all mails and keep on replying that you are willing to work with them, but your health needs some rest as per the doctor's advice. Then they won't be able to terminate you on absconding grounds, and either they will grant you leaves or will relieve you from services mentioning health issues. Just keep your hands full of proofs that you didn't abscond. Good luck."

Please let me know if you need further assistance or clarification.

Health Issues Due to Work Environment

I am working in the MIDC area and have a bond period of 2 years. I have completed 11 months in the organization. Since joining the company, I have been experiencing serious health issues with my skin. I suffer from various skin problems such as pimples, rashes, and facial itching every day. My salary is only 8000 Rs, and I am a postgraduate student. I am going through a very difficult time dealing with these issues. I have changed doctors four times and tried all treatments, but due to the dusty environment in MIDC, the medicine has had no effect on my face. The doctor mentioned that I have an allergy to dust. I want to break the bond and return to my hometown. It seems that the city where I am working is not good for my skin. Please suggest what I should do.

Regards,
[Username]

Resignation on medical grounds, if supported by a medical certificate from a specialist, is possible. However, as far as the conditions of the bond are concerned, it pertains only to the bond amount to be paid to the employer. Nevertheless, for the possibility of any relaxation due to unforeseen circumstances, it is essential to examine the language of the bond before providing any appropriate advice.

Leave on Medical Grounds

You can take leave on medical grounds as long as you have proper medical documents to support your illness. However, I am not sure if your doctor will certify that you are not fit for professional work because of your skin issues (rashes, pimples, etc.). If the doctor certifies, then apply for leave with the said certificate. As long as you have leave, you are entitled to that; thereafter, you can go on leave without pay.

Understanding Bond Agreements

On the bond part, a bond or agreement is generally illegal and has no legal footing. As per the Supreme Court, a company cannot bind an employee. However, the company can only recover the amount spent on you for special training given to you, if any, through such a bond or agreement.

Check my blog at www.labourlawhub.com

Even after showing valid medical documents, my company isn't considering this and hence treating me as an absconder. After incessant emails, they have denied to give me my original documents. They say I have to serve the notice period. What shall I do now?