Facing Termination and Unexpected Fees: Can My Company Charge for Unpaid Sick Leave?

Employment Leave Concerns

Hi, I worked in an MNC for 5 years. I recently fell sick and had to take leave for the same. Since my condition did not improve, I had to use all my leaves (annual and sick). I was informed that my leaves were exhausted, and I would have to go on unpaid leave, to which I agreed since I had no other option. Later, I was asked to leave the job and join back once I recovered. Now, I have received an email from HR asking me to pay for the unpaid leaves that I took, or my relieving letter will not be provided since the leaves will be calculated on a pro-rata basis.

Nobody ever informed me about having to pay the company. Now, my question is, can the company ask someone to leave the job if they are on sick leave with valid reasons? Secondly, should the employee be required to pay the company for the unpaid leaves taken?

Leave and Unpaid Leave Policies

When you have gotten sick and availed leave, including medical leave and leave without salary, there is no question of repaying for leave (unpaid). Secondly, since you are continuing leave without being fit to provide the services the MNC needs, they should regularize the leave without salary on medical grounds and take you back into their role when you are fit to return to work. When your MNC advised (as per your statement) that you are availing leave and promised to rejoin the same post with admissible remuneration, there is no recovery from you if you have enjoyed salary and perks beyond admissible limits. If you have failed to give a clear picture of your leave and issues, then whatever information you have provided needs to be analyzed.

Thank you for your prompt assistance. I have informed my Team Lead and Manager about my health status. According to company rules, only new joiners (with less than 1 year of experience with the company) are eligible for pro-rata leave patterns. As I have more than 4 years of experience, I am not required to compensate them now. HR is also causing delays by responding very slowly; it has taken them over 3 months to provide me with a proper explanation. Do you think I can request my relieving letter without having to pay for the unpaid leave I have taken?

Dear friend,

Sometimes I wonder whether HR professionals in those MNCs have their brains in the right place or not. They may be selecting individuals who have been rejected elsewhere.

Leave policies and issues

When an employee is unable to fulfill their duties due to medical reasons or other circumstances, there is a provision to take leave. Once the leave balance is exhausted, companies typically offer Leave Without Pay (LWP) as an option. LWP is considered a type of leave. In your situation, remuneration is not provided for LWP, yet the HR department is requesting payment for the LWP period. This would result in a double loss for the company.

Steps to address HR issues

I suggest writing a letter to the Head of HR. If there is no response, consider drafting a letter to the Managing Director (MD) regarding the delay in issuing the relieving letter. If they continue to be uncooperative, you may want to approach the Labour Officer (LO) in your area. Present your case in a chronological order, and bring along printouts of any relevant correspondence. A single call from the LO should be sufficient to encourage a more reasonable response.

Thanks,

Dinesh Divekar

Totally agree with Dinesh Sir. They can't ask for money for LWP taken. However, according to their policy, they might request payment for casual leave taken on a prorated basis. That may be a possibility.

Leave at times is paid in advance. CL and SL are allowed from the date of joining, but they are for one year. The company may allow you to avail the full amount of annual leave, but is entitled to deduct the advance leave that was paid for.

I agree with Mr. Dinesh; one can enjoy their leave up to the eligibility they have. Even sick leaves and CL will be given to employees on a pro-rata basis.

Please let me know if you need any further assistance.

This is an unfair behavior of the company if you are sick and have valid proof of it. They must consider your request personally in your bad situation.

You must ask about such policies if HR has them. Otherwise, you should take legal action against this.