Struggling with Resignation and Leave Denial Due to Health Issues – What Should I Do?

Respected Sir/Madam,

I am writing to seek guidance regarding my resignation from my position as an HR Assistant at a construction company, where I have been employed for the past 1.5 years. Due to health issues over the past three months, I consulted my doctor in the first week of November 2024. The doctor diagnosed me with dust allergies and a lung infection, advising me to take a break from work for a few months.

Despite my initial return to duty, I informed my management about my health condition and requested leave for medical treatment. However, they rejected my request, citing my previous absences. Consequently, I submitted my resignation letter via email on December 10, 2024, providing two months' notice as per company policy. I also requested payment for my accrued leave.

Regrettably, my GM-HR rejected my request for leave or leave encashment and has not accepted my resignation to date. I humbly request your guidance on the next course of action.

Sincerely,
Rohit Kumar

Normally, in order to have a smooth handover of duties, the employer may not approve any long leaves during the notice period. The law states that any rejected leave shall be carried forward, and the number of such leaves (leaves rejected) carried forward shall not be counted towards the maximum leaves credited to an employee's account. In your case, if your leave request is rejected, you can have it encashed at the time of relieving. Obviously, the leave accrued for the year 2024 will also be available when you are relieved in February 2025. You can claim it upon your exit. That is the only possibility available.

Hello, It is unfortunate that your request has been denied. Now, regarding the leave rules, I assume that as an HR professional, you are familiar with the leave policy and separation policy in the context of resignation.

If the higher management is acting against the established policies of the organization, you can challenge their decision before the appropriate forum. If they are not in the wrong, you should understand the necessary steps to take.

From my past experience, I have encountered situations where the workplace is not suitable for an employee. They may leave on medical grounds, and when their request for a transfer to a metro or large city is not accepted, they choose to resign. I am sure you are not one of those, but the higher management may suspect so and act on their assumptions.

Therefore, talk to the seniors, gain their confidence, and you will likely achieve a desirable outcome.

Best wishes,
AK Jain
Retired Manager (HR)
Coal India Ltd