Can My Notice Period Be Extended Due to Sick Leave Even with a Medical Certificate?

Hello, people! I have been serving notice at my company. However, during the last week, I fell ill and went on sick leave. I have also provided my medical certificate.

Can managers extend my notice period?

Can the managers extend my notice period despite me providing a medical certificate?

Please note that I also have 31 leaves which I'm encashing. So, I just want to know if the leaves can be deducted from that.

In my opinion, the notice period prior to resignation doesn't curtail the statutory benefits of employment like leave. However, most employers do not permit employees to avail leave during the notice period due to work exigencies such as completing any work in progress, training a likely substitute, properly handing over company assets, and effectively handling any problems that may arise suddenly during the notice period.

At the same time, no reasonable employer can be indifferent to unexpected situations like an employee suddenly falling ill for one or two days, meeting with an accident requiring a longer hospitalization, or an untoward event like the death of someone in the family. Therefore, there is no hard and fast rule that the notice period shall be extended proportionately with the number of days of leave of absence. It depends on the length of the leave and the discretion of the employer concerned. One or two days of genuine leave can be ignored or adjusted against the earned leave at credit upon the employee's request.

Dear Colleague,

Rightly guided by our colleague. Kindly add:

The purpose of "Notice Period"

The purpose of a "Notice Period" in any employment contract is to ensure that the employer can keep their business running and make alternate arrangements when an employee leaves. During this time, the employer finds the next talent and ensures a proper handover occurs so that the business activities and processes continue smoothly without disruption. It also prevents employees from leaving abruptly, ensuring any exit occurs without surprising the system.

Leave balance encashment

Having leave balance encashable is a different subject and cannot be a matter of right for not serving the notice period.

Proper handover and training

There should be a proper handover of company assets, a proper transfer of responsibilities, due induction for the next person onboarded in a particular role, and required training. All of this should take place during the notice period. That is why many employers encash the leave balance but insist that the employee works during the notice period. It is not with any other intention.

Handling serious medical illness

In the case of any serious medical illness, it is not appropriate for the employer to extend the notice period but to accommodate and support the employee. It largely depends on the rapport you have with your employer. However, the employer has the prerogative to extend the notice period if you are not working during it without satisfactory justification. Hence, kindly consult your manager and present your case with medical certificates, etc., to seek support from your manager.

Take care and praying for your faster recovery. God bless.

Understanding Notice Period Challenges

Umakanthan sir has given the right answer. I am not able to understand why employees are always in a fighting mood for petty issues. When an employee leaves the organization, even after giving a notice period, it is very difficult to find a replacement. It takes a lot of time to search for a suitable person for the position and to complete all the training/induction processes.

The Role of Notice Period

Notice period, in my opinion, as well as Umakanthan sir explained, is a period where the employee has to hand over all responsibilities properly and complete all pending work. Taking leave during the notice period is not justified except for emergencies.