How to Handle Resignation When You Can't Serve the Notice Period Due to Family Emergencies

Guidance on Resignation Process

We are surprised to receive your resignation email, which clearly states that you will not serve the notice period as required in your terms of employment. For this purpose, we would like to bring to your attention the clause in your appointment letter that states: "As per current policy/practice, you have to serve the two months' notice period as per your appointment letter."

Your situation could be genuine, but there is a proper procedure and steps required to complete your relieving documentation part.

Thanks!

Regards, Venkatesh

From: xxx [Email Removed For Privacy Reasons]
Sent: Saturday, January 11, 2020 3:18 PM
To: xyz [Email Removed For Privacy Reasons]
Cc: Venkat Thammana [Email Removed For Privacy Reasons]
Subject: Resignation mail

Hi Sir,

Note: This resignation is given under emergency conditions. I can only complete this process from here without visiting the office. As I informed you, my father is suffering from knee pain, and the doctor has suggested knee surgery. Before surgery, his diabetes and blood pressure need to be controlled, and then the surgery can be done. His condition is very critical, and due to some family problems, my family wants me to be at home.

I am sending this resignation email because it is not possible for me to visit the office to complete the process. Please help me obtain all the related documents through email. Please accept my resignation due to the above reasons and sanction it.

Thanks, xxx

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When you are well aware that a specific notice period is required before resigning, if you are unable to fulfill the notice period, you may consider buying it out by paying the notice salary. Additionally, you may need to return any company property entrusted to you, such as a laptop, as part of the handover process.

While one cannot be indifferent to a father's critical health condition, it does not give you the right to resign from your job abruptly. Ideally, you should have confided in your supervisor and informed them before leaving. If you had available leave days, you could have requested to utilize them or even asked for leave without pay.

Thank you.

Hi Venkatesh,

You may modify your letter proposed to be issued to the exiting staff on contents as suggested by Mr. Umakanthan. Also, the first sentence of the 2nd paragraph of your draft is not required and can be modified to state only what is required to be done in the circumstances, and what your options are if he fails to comply as stipulated.

In case an employee is unable to comply with this policy, there is a risk that it may become a common practice and a loophole (it is very common to exploit such loopholes once they are known). Should I send an email to the employee requesting payment of two months' salary for the relieving documents?

Is there any prescribed format or email to inform the employee about the two months' salary amount that needs to be transferred to the company account to skip the notice period? Or will we face legal problems from the employee?

I would suggest you refer to the documents pertinent to his appointment and the terms specified therein, such as the notice period when quitting and other formalities. If the terms of appointment specify a 2-month notice period, then you can issue a notice asking him either to serve the notice period or remit the equivalent salary to the company's account. I hope you have not sent any communication either accepting or declining the resignation yet. Also, it's better, not only in these circumstances but always, to send communication in hard copy by serving in person or sending by post, speed post, or registered post; the least preferred method is by courier. Sometimes, when the matter is taken to court, emails are not considered valid proof.

You should have your HR policy spelled out correctly, covering these aspects as well.

Handling Employee Leave Requests for Family Medical Emergencies

If the employee is genuine, you can grant them leave for their father's surgery, either paid or unpaid, while keeping your management informed. If you suspect the employee has simply left without notice, consider that for knee replacement surgeries, doctors typically provide ample time for scheduling, as it is not an emergency procedure. In such cases, treat it as an absconding situation and draft a letter requesting the employee to fulfill the required notice period or provide notice pay. Failure to comply may result in documents, such as the relieving letter, being considered terminated due to absconding. This will not lead to a smooth exit.

If the employee is ready to pay the notice period salary, how much do we need to collect i.e. take-home salary or gross salary? What is the entire process for this transition? His last working day is 31-Dec-2019, so we need to mention in the relieving document that his last working day is 31 Dec 2019 or 29-Feb-2020. Because he is paying the notice period salary, should we consider it as service for these two months or not?

The notice period recovery is for the gross amount, and with regards to the last working date, will be 31st December 2019, the actual date of his leaving the organization. The payment which he has made is compensation towards not adhering to the termination clause as per the employment contract, to the best of my view.