Employee Resigned on Medical Grounds: Can We Terminate Without Notice?

One of our employees has submitted his resignation on medical grounds. Although we requested a one-month notice period, he has shared a request for extended leave and has left the service. Is there an option to terminate the employee?

When an employee seeks separation from your company on health grounds by submitting their resignation, why would you want to terminate them? Even if they do not serve the notice period, you can withhold their final settlement dues and papers for 1-2 months before releasing them.

Request for Supporting Evidence
At most, you can request the employee to provide supporting evidence, such as medical documentation, along with their plea to justify their request.

Hello, As the employee has informed you properly, why do you want to terminate him/her? If any employee of your company is suffering from sickness, accident, or any other major disease, will you terminate him/her? What's the way forward? Please do not misuse your position and authority. Drop a formal email for medical evidence. If he is covered under ESIC, then ask him/her to avail of ESIC benefits.

Hi, When the employee was asked to serve a proper notice period instead of sharing a long leave request, the employee should have discussed with HR in person with proper medical proof for a waiver of the notice period. After submitting a resignation, just leaving the employment open-ended is not the right practice on the side of the employee. In a way, it has to be construed as abandonment of service even though he had submitted a resignation. While HR has the right to initiate disciplinary action, HR may investigate and find out whether the sickness reason is genuine. If so, after collecting proper medical proof, he can be relieved, and the notice period amount can be recovered from FFS if feasible.