bijalsrajguru@gmail.com
Dear All, I need help here... If an employee had resigned stating better career prospects but at the time of exit interview has mentioned to HR that it is due to health issues that she would not like to continue. She goes on leave during her notice period stating the same reason and have submitted the doctor certificate for the same. Later on she even reported to work for 1 day and in that time she again said that she is feeling feverish. When she was sent to the organization's medical team, it was found that she had high heart rate which was fluctuating but no fever as such. After that day she messaged HR that she cannot continue due to her health conditions. Should HR waive off the recovery or still go ahead and recover.
Now her boss is pressurizing HR to take notice recovery. When HR mailed her about the same. She replied with the above mentioned details and requested for a waiver. If HR still pursue for recovery then is that good for the organization?

From India, Mumbai
vmlakshminarayanan
919

Hi,
In general if employee fails to complete proper notice period recovery against shortfall either full notice or proportionate notice will be recovered from his Full and Final Settlement payable to the employee. However the same can vary from case to case wherein if the reason for not serving notice is genuine-due to ill health.
So please ascertain whether her reason of ill health is genuine or just to avoid to serve notice period. Based on that you may take a call. It is purely HR's discretion and her immediate superior can recommend about it but can't force HR to arrive at particular decision. If the employee's heart rate is high based on her nature of work please take a call.

From India, Madras
bijalsrajguru@gmail.com
Thank you for the suggestion.
The nature of the job is of accounts and the employee never before complained of health issue before. In fact she mentioned in her exit interview that she was expecting but never produced a document of it. Later on she cited health issue and submitted doctor certificate from her family doctor that she had fever and hyper acidity. Hence the HR decided to waive off her recovery. The twist is that she had taken PL's for her wedding which her senior had given her going against the policy and took special approval from the management. Now that same senior is asking those PL's as recovery from her.
Hence, I wanted to reaffirm that when the organization's medical team confirmed that the employee though complained of feeling feverish and did not have fever, however her due to improper heart rate, it may be concluded that her body would give an indication of a possible health problem. Then on those ground as well HR can waive the complete recovery.

From India, Mumbai
vmlakshminarayanan
919

Hi,
Yes based on the situation HR can take a call on it. Probably you may mention some where in the relieving letter or Full and Final Settlement sheet that " notice period not completed on ill health grounds"

From India, Madras
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