Hello, people! I have been serving notice at my company. However, during the last week, I had fallen ill and went on sick leave. I have also provided my medical certificate.
Can the managers extend my notice period despite me providing a medical certificate?
Please note that I also have 31 leaves which I'm encashing. So, I just want to know where the leaves can be deducted from that.
From India, Bengaluru
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Can the managers extend my notice period despite me providing a medical certificate?
Please note that I also have 31 leaves which I'm encashing. So, I just want to know where the leaves can be deducted from that.
From India, Bengaluru
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In my opinion, notice period prior to resignation doesn't curtail the statutory benefits of employment like leave. However, most employers do not permit the employee to avail leave during the 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 a longer spell of hospitalization, untoward happening like the death of someone in the family. Therefore, there is no hard and fast rule that the notice period shall be extended proportionately with the number of days of leave of absence. It depends on the length of the leave and discretion of the employer 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
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6185At 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 a longer spell of hospitalization, untoward happening like the death of someone in the family. Therefore, there is no hard and fast rule that the notice period shall be extended proportionately with the number of days of leave of absence. It depends on the length of the leave and discretion of the employer 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
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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 make alternate arrangements when a talent leaves his system. During this time, the employer finds the next talent and ensures proper takeover happens so that the activities and process flow of the business go smoothly without any hampering. It also prevents talents from walking in and out abruptly, ensuring any exit takes place without surprising the system.
Having leave balance encashable is a different subject that cannot be a matter of right for not servicing the notice period.
There should be a proper handover of company assets, proper takeover of charges, due induction to the next person onboarded in a particular role, and required training. Briefing all has to take place in this period. That is why many employers encash the leave balance but insist that the person works 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 the employer to extend the notice period but to accommodate and support the employee. It largely depends on the rapport you have with your employer. However, the employer has the prerogative to extend the notice period if you are not working during it without satisfactory facts prevailing. Hence, kindly consult your manager and present your case with medical certificates, etc., to seek support from your manager.
Take care and praying for your faster recovery. God bless.
From India, Chennai
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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 make alternate arrangements when a talent leaves his system. During this time, the employer finds the next talent and ensures proper takeover happens so that the activities and process flow of the business go smoothly without any hampering. It also prevents talents from walking in and out abruptly, ensuring any exit takes place without surprising the system.
Having leave balance encashable is a different subject that cannot be a matter of right for not servicing the notice period.
There should be a proper handover of company assets, proper takeover of charges, due induction to the next person onboarded in a particular role, and required training. Briefing all has to take place in this period. That is why many employers encash the leave balance but insist that the person works 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 the employer to extend the notice period but to accommodate and support the employee. It largely depends on the rapport you have with your employer. However, the employer has the prerogative to extend the notice period if you are not working during it without satisfactory facts prevailing. Hence, kindly consult your manager and present your case with medical certificates, etc., to seek support from your manager.
Take care and praying for your faster recovery. God bless.
From India, Chennai
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Umakanthan sir has given the right answer. I am not able to understand why employees are always in a fighting mood for petty issues. When an employee leaves the organization, even after giving notice period, it is very difficult to find a replacement. It takes a lot of time to search for a suitable person for the position and to complete all the training/induction processes. Notice period, in my opinion as well as Umakanthan sir explained, is a period where the employee has to hand over all responsibilities properly and complete all pending work. Taking leave during the notice period is not justified except for emergencies.
From India, New Delhi
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From India, New Delhi
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