Facing a Medical Emergency: Can I Break My Employment Bond for Health Reasons?

Hi All, my name is Hemant, and I work with a mid-sized IT firm. At the time of joining the company, I was asked to sign a bond for 2 years, which I have already done. Everything was going smoothly, but last month, I had a severe kidney stone attack. My doctor has advised me to take a rest for 3 months until the treatment is complete.

When I showed all my medical tests to my manager, she simply glanced at the papers and asked me to meet with HR. I went to HR to discuss my issue. Now, HR is stating that I have signed a 2-year bond and cannot leave the company before that time, and they are not willing to approve my 3 months of leave.

I revisited my manager and explained the situation I had discussed with HR, but it seems she is already aware of everything and is not willing to assist me. Now, I am concerned that if I resign, they will not accept it and will also not approve my leave.

Please suggest what I should do in this situation.

Dear Hemant,

You need to go through your employment contract. The breach of contract clause is always included in every employment contract, which you should be aware of.

Dear Hemant, there is no mention in your post of either your date of joining or the length of service you've rendered so far. I think what your dire necessity at present is three months leave on medical grounds and NOT resignation. If your health condition is actually so critical that you need three months of rest while undergoing medical treatment as suggested by your doctor, go on earned leave or leave without pay on medical grounds. Your management has to sanction the leave, or if they have any suspicions, they have to refer your case to a Medical Board. Service bonds are meant to ensure continuous service by the employee and to avoid unnecessary attrition only; therefore, no employer can compel an ailing employee to complete the bond period at any cost despite his critical health condition. If at all, it is the prerogative of the employer to extend the bond period proportionately to the extent of leave without pay on medical grounds availed within the stipulated two-year period.

Dear Hemant, Mr. Umakanthan has highlighted very effectively that you have unnecessarily connected your illness with your decision to resign from the company. If you were not sick, you would have likely continued in your current role. Instead of discussing resignation, you could have inquired about taking Leave Without Pay (LWP).

It is possible that your employer's response turned negative due to the unexpected mention of resignation in your communication. They may have viewed it as a fabricated reason based on medical grounds.

Following Mr. Umakanthan's advice, you could request the formation of a Medical Board. If your employer denies this request, you have the option to seek assistance from the labor officer in the area where your company is situated (not where your residence is) to explain your situation. The labor officer is expected to assist you. As a compromise, you could offer to extend your bond period by the same duration as the LWP period.

Thank you,

Dinesh Divekar

Dear Hemant,

Why do you want to leave the job? Apply for leave for 3 months on the basis of your medical reports and join back after your recovery if you are not facing any problem in the job. Employers adopt all sorts of bully techniques; a bond is also one of them. Generally, bonds are illegal, but without a study of the contents, nothing can be said as there are certain situations where bonds are legal also.

Warm Regards,

Bharat Gera
HR Consultant
9322404765

Dear Mr. Bharat, The employees, at the time of joining, simply sign the papers without taking time to go into the details or think about the consequences, as the package, perks, and facilities offered might seem rosy at that time. After working for some time, their mindset changes, and they start looking for alternatives.

Mr. Hemanth should have approached his superior or HR and discussed his illness and treatment, asking them to refer him to the company medical officer or any referral doctor for an opinion. In that case, the management could have explored the possibilities and might have allowed the leave with or without pay. However, when it is linked to resignation, they might have doubts and behave differently.

Now, he should convince them to sanction the leave, assuring them that he will return after three months. Otherwise, he can submit his resignation, complete the notice period, and move on, rather than further straining the relationship.

Thanks,
Kameswarao

Dear All,

With reference to all your valuable suggestions, I went back to my HR and asked for a possible solution regarding three months of Leave Without Pay (LOP) and rejoining the company after completing my leave duration. I requested my HR to extend my bond period for the number of days I would be absent from the office. Unfortunately, I was met with disappointment once again.

HR informed me that proceeding on LOP was not an option due to the critical stage of the project I am currently working on, emphasizing that three months is a significant period. After a discussion with my manager, HR sent me an email stating that the LOP option is not feasible considering the current project scenario, and the bond/contract policy cannot be adjusted against LOP.

Given the behavior of HR and my manager, I feel I have no other choice but to approach the nearest Labor Office. Please advise if there are any specific processes or procedures that I need to follow to present my case to the Labor Office.

Thank you.

Check the employment contract in detail. Definitely, there can be other options in case you cannot serve the bond period.

Dear Hemant, most people have provided you with better options for staying on the job and guiding you through the bond situation. Before going to the labor office, you can discuss the last option with them. I am not aware of the level of work you are currently engaged in. Inform the HR of the company if the project is at an important stage, and then they can consider allowing you to work from home.

In the case of working from home, both parties can sustain their operations. The company's work will not be disrupted, and you will not have to adhere to office premises rules. Some IT companies offer this flexibility to their productive employees.

Thanks!

Shivendu Sharma