Can an Employee Leave Early from Notice Period for Medical Reasons Without Paying?

Employee Seeking Early Release from Notice Period on Medical Grounds

An employee is looking for a better salary to afford an expensive treatment and needs to switch her job as soon as possible due to her worsening medical condition. She has no family support and, despite being in a difficult situation, continues to work as she is a valuable resource to the organization.

Can she be relieved from her notice period before completing two months on medical grounds? The company has a policy requiring payment for the period not served during the notice. Is there a law that protects employees from being forced to pay in such situations?

Kindly suggest.

Dear Rekha, Your friend's case needs to be looked at empathetically but within the context of the terms mentioned in the appointment letter. Whether to waive off those conditions or not is at the discretion of your management. By the way, your friend wants to quit the current employment. How will she get leave for her medical treatment as soon as she joins a new company? If she is an important resource to the company, did she ask for a soft loan for her medical treatment? I find this option more appropriate than quitting employment.

Thanks,

Dinesh Divekar

Hi Dinesh, my friend is not actually in need of leave but a job that allows her a little flexibility in terms of easing her life, like better shifts, work from home, better infrastructure, and other such things while she plans her treatment with better finances. As I mentioned before, she is on her own and suffering from a chronic illness and thus can't risk taking a loan with so much uncertainty about whether she will be able to continue or not. She has been with this company for 9 years and has been in this condition for the last 5 years, needing better infrastructure to cope with her pains.

Thanks for replying anyway and clarifying certain things. I still wish to understand why there is no clause to relieve a person with so much suffering medically!

First of all, any company appoints a person in good health after undergoing a medical check-up, and doctors certify them as fit to work. When your friend is suffering from a chronic ailment, how will she work? Without providing details, it is difficult to come to a conclusion. As one member put it, it would be better if she continues with the same company as they accommodated her well despite knowing her condition.