If the employer has accepted the medical certificates submitted by you and is still insisting to report on work, then first you may send your representation giving all the details again and asking them to grant you time to report at the office since your are not able to stand or walk. Further, consult the by-laws/service rules of your company to know if the stand taken by the company in such circumstances is reasonable or not. if they still go ahead and terminate your services, then It is advisable that your approach the high court or the Central Administrative Tribunal seeking reinstatement in service.
Medical leave termination
Hello, Thanks in advance. I am Singh , having 8 years of total experience and It has been 4.7 years since I am serving for this employer. I met with an accident, while visiting to my native place few weeks back. I was critically injured and hospitalized. I got several wounds and stitched, I wasn't in condition to speak for few days however as a result of this accident my back disc is ruptured. I am undergoing treatment and it will take some time at least to stand back on my feet and I am regularly sending my medical certificates, reports to my employer and yesterday I got a call and email received from my HR we have verified your documents with our doctor you need to report office asap failing to do so will terminate you.In fact I tried to explained her am not well and not in condition to resume soon as I already provide you medical certificate also for the same and please ask your doctor to speak to my doctor if there is any misunderstanding result she didn't listen any thing disconnect the phone saying very rudely I informed you and mailed you need to resume office asap otherwise will terminate you. Request you to please advise me on this matter.
Asked 10 years ago in Labour
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5 Answers
Hi Shaveta, Thanks for the reply. Yes my employer has accepted all the document earlier and suddenly they said they verified with doctor and you need to report office that is really impossible for me as informed in my last telecon conservation and she wasn't ready to talk to my doctor as well result wanted me to report to office by 20 Jan 2015,but my medical leave has already approved till 31 jan 2015. Please suggest what best I can do on this and under which law and act it fall so I can take further step. Thanks!
Asked 10 years ago
Hello,
1) Would you be able to report to work if the company allows you leave till the 31st of January. If so send information to that effect to the employer with additional medical documents recommending further time for recuperation by your Doctor.
2) It appears that the company that has employed you is a private company. If so it will still be governed by the labour law and there will be a policy in place for the company regarding medical leave and the discretion the company can exercise.
3)If your Boss is not reasonable in understanding your medical condition do send an email with all details that makes your physical presence at work impossible for the period of time as represented by your doctor. Attach copies of all the medical certificates and recommendations from the doctor. At the same time send in person someone from your family to meet the HR of the company seeking more time to resume work.
4) Find out if the company can allow you to be on extended leave with only the basic pay being given to you. Negotiate this with the HR of the company.
1. What is the term of employment with your employer for such medical exigencies?
2. You have not informed where is your office and where is your place of employment. Are you working at Singapore?
3. Where did you meet with the said accident?
4. If you are working at Singapore, you will be governed by the labour law of Singapore,
5. Try to report back for duty if possible and if it is not possible, send a clear medical report from a Govt. doctor stating that you can not move.
1. May be the Doctor of your employer has made some interpretation from the medical records sent by you which is not correct,
2. Send a detailed report from your doctor clearly mentioning that it will be injurious to your health or that you can not move due to your injury.
If your leave was approved until 31/jan then do not report to office before that and send the medical certificate again. Further does the letter from the company state any reason as regards the reason for you to join again?
If it is silent then seek a reason by making a representation.