Hello people! I have been serving notice at my company. However, during the last week I had fallen I'll and went on sick leave. I have also provided my medical certificate.
Can the managers extend my notice period despite giving a medical certificate?
Please note that I also have 31 leaves which I'm encashing. So just want to know where the leaves can be deducted from that.
From India, Bengaluru
Can the managers extend my notice period despite giving a medical certificate?
Please note that I also have 31 leaves which I'm encashing. So just want to know where the leaves can be deducted from that.
From India, Bengaluru
In my opinion, notice period prior to resignation doesn't curtail the statutory benefits of employment like leave. However, most of the employers do not permit the employee to avail leave during notice period in view of exigencies of work like completion of any work in progress, training of the likely substitute, proper handing over of company assets, effective handling of problems, if any cropping up suddenly during the notice period etc. At the same time, no reasonable employer can be indifferent to unexpected situations like the employee suddenly falling ill for one or two days or meeting with some accident requiring longer spell of hospitalization, untoward happening like the death of some one in the family. Therefore, there is no hard and fast rule that the notice period shall be extended proportionately with the no of days of leave of absence. It depends on the length of the leave and discretion of the emp;oyer concerned. One or two days of genuine leave can be ignored or adjusted against the EL at credit on the request of the employee.
From India, Salem
6016From India, Salem
Dear Colleague,
Rightly guided by our Colleague. Kindly add:
The purpose of "Notice Period" in any employment contract is to ensure that the employer has to keep his business going and makes alternate arrangement when a talent leaves his system. During this time the employer finds the next talent and ensures proper taking over happens so that the activities, process flow of the business goes smooth without any hampering. It also prevents that the Talents can not just like that walk in and walk out but any exit has to take place without surprise to any of the system.
Having Leave Balance encashable is a different subject which can not be a matter of right for not servicing notice period.
There should be a proper hand over of company assets, proper taking over of charges and due induction to the next person on boarded in a particular role and required training , briefing all has to take place in this period. That is the reason why many employers encash the leave balance but insist that the person has to work during the notice period. It is not with any other intention.
In case of any serious medical illness it is not appropriate on the part of Employer to still extend the notice period but has to accommodate and support the employee. It depends largely on your rapport you have with your employer. But employer has his prerogative to extend notice period if you are not at all working during the notice period without satisfactory facts prevailing. Hence kindly consult your manager and brief your case with medical certificates etc so that you may get the support from your manager.
Take care and praying for your recovery faster. God Bless.
From India, Chennai
Rightly guided by our Colleague. Kindly add:
The purpose of "Notice Period" in any employment contract is to ensure that the employer has to keep his business going and makes alternate arrangement when a talent leaves his system. During this time the employer finds the next talent and ensures proper taking over happens so that the activities, process flow of the business goes smooth without any hampering. It also prevents that the Talents can not just like that walk in and walk out but any exit has to take place without surprise to any of the system.
Having Leave Balance encashable is a different subject which can not be a matter of right for not servicing notice period.
There should be a proper hand over of company assets, proper taking over of charges and due induction to the next person on boarded in a particular role and required training , briefing all has to take place in this period. That is the reason why many employers encash the leave balance but insist that the person has to work during the notice period. It is not with any other intention.
In case of any serious medical illness it is not appropriate on the part of Employer to still extend the notice period but has to accommodate and support the employee. It depends largely on your rapport you have with your employer. But employer has his prerogative to extend notice period if you are not at all working during the notice period without satisfactory facts prevailing. Hence kindly consult your manager and brief your case with medical certificates etc so that you may get the support from your manager.
Take care and praying for your recovery faster. God Bless.
From India, Chennai
Umakanthan sir has given right answer. I am not able to understand why employees are always in fighting mood for petty issues. When a employee leave the organization even giving notice period it is very difficult to find replacement. It take lots of time to search a suitable person for the post and again to do all the training/ induction etc. process. Notice period in my opinion as well as Umakanthan sir explained a period where employee has to handover properly all the things and to complete all the pending work. Taking leave in notice period is not justified. Emergency exceptional.
From India, New Delhi
From India, New Delhi
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