[MutantX]

Hi everyone,

Let me introduce myself first. I am Arun working for a leading IT company, presently located in Chennai. I have recently (a week before) submitted my resignation. I was told to serve a notice period of 2 months (60 days) to complete all my relieving duties. They have refused for notice period buy-out.

But just last weekend I meet with a minor accident and suffer from severe back pain. I had gone to the ortho and he had advised me to be on treatment.

Initially he has asked me to under-go surface-heat treatment and physio therapy. He has also advised to wear a back support belt. During the course of the treatment if the ortho feels I would need complete traction, I would have to be on bed rest for at least 5-6 weeks. He has scheduled a checkup on 15th Dec. Based on his feedback I might have to be on rest/traction for 5-6 weeks.

The situation is that I would need to join the new company within 2 months.

I would like to know if I can submit medical records and request to release me from the services of the company as soon as possible.

Please advice me on What I would need to do as I am extremely confused! Any HR executives/Project Managers who can share their thoughts/experiences?

[CDM]

Even if you are in the notice period, you will still be entitled to sick leave (and other leave) as per the law and your employer's policy, if it is more beneficial than the law.

However, your injury will not enable you to avoid the notice period. The only way to avoid the notice period would be to pay salary in lieu of the notice period, if your employment agreement so permits

CDM

[akshay4587]

I am also serving notice period,as of now,and only saving grace that here it is for 30 days,and you have an option of buying it out.
Although policies vary between companies.

What about earned leaves?,you can utilize them.?

[MutantX]

Well akshay it is not possible to use the earned leaves. These managers are extremely particular on billage resources. No one has the heart to leave me! What should I do. They are refusing a buyout of the notice period.

I have a serious head ache now. These guys dont give me any alternatives. They just want me to come to office and work even if I am dead!

[akshay4587]

Originally Posted by MutantX

Well akshay it is not possible to use the earned leaves. These managers are extremely particular on billage resources. No one has the heart to leave me! What should I do. They are refusing a buyout of the notice period.

I have a serious head ache now. These guys dont give me any alternatives. They just want me to come to office and work even if I am dead!

Now this is strange.
May be you should take this up with HR,or may be you can try ethics helpline in case your employer has one.

[iamswift]

Usually in notice period leave is not allowed. However, there is exception to sick leave.
Unlike other Indian manufacturing or other domain companies, IT companies tend to understand the problem well. So explain your situation to your manager and HR.
Make sure you make them understand that you are not lying to avoid the notice period.
Ask them "what now?". They themselves would come out with realistic solution.

Good luck.

[phamilyman]

Focus first on health. Every damn thing comes later. as CDM says, Sick leave is your right - just ensure your new company understands that.

PS: Get over the notice period issue. Most companies with billable resources can't let them leave in order to keep client happy. I know. Seen it multiple times in my own organization

[MutantX]

iamswift & phamilyman -> It is strange situtation for me. These guys are hell bent. I would need to talk to my senior manager with whom I had a discusion last week before I put my papers.

They still havent accepted my resignation. My line manager first told that he would help me reduce the notice period to 40/45 days so that I can recuperate and then join the new company. Based on his assurance I had revised the date of joining with the new company. But now, no one seem to help. Once a good friend (line manager) is now treating me like a stranger.

guys, any HRs/Managers from Hindustan Computers Limited (HCL). I would seriously need your advice

[MutantX]

Guys, just a headsup. My line manager also says that if I take sick leave for 6 weeks, I would need to compensate for it by working extra 6 weeks before I leave the job.

*MODS -> Sorry, I forgot to include the above message in my previous post and could not edit the previous post since it was already past 15 minutes -> kindly excuse*

[CDM]

Please check your employment agreement / appointment letter / the employee manual of your employer. Whether a buyout of the notice period is your right or not can only be determined from these documents.

There is no need for resignation to be accpeted. It will automatically come into effect upon the expiry of your notice period. Hope you have a receipt for having submitted your resignation.

Again, you cannot be denied your legal rights, including leave as per the law, just beacuse your notice period is going on. Your employer cannot force you to serve more beacuse you availed of sick leave.

Try meeting some senior officer and explaining the situation. Take a copy of your medical certificate (get one from a reputed hospital / doctor if you don't have one) to your employer and demand your sick leave.

CDM

[ikoneer]

@mutant - my 2 cents

1. When an employee submits resignations we bascially look at the following
The Project's current state, the billability and revenue, client' involvement in the project, your activities and status, availability of replacement, knowledge transition, number of earlier resignations in the project etc.

Based on all these factors the manager decides whether to enforce the full notice period or come out on a agreeable solution.
Though no one can force you to stay beyond the notice period, they can make you serve the notice period.
Since there would be reference checks etc in future, it is better you have a normal exit.

Your notice period is effective from the date you provide in writing/enable in any internal systems and communicate the same to your manager and HR.

2. Unless until it is explicitly mentioned in your offer letter that you cannot take leave or specified in your company exit policy, i do not see any issues in you taking leave during notice period, even if is explicitly written, health issues needs to be treated separately.

3. Coming to insurance, i do not think physiotherapy and related treatement can be claimed in insurance. You may have to be admitted and the dr to relate the accident to this physio treatment and approval to be sought from insurance company. It might work in this case.

Until your last day in the service of the company, you are eligible to claim the company insurance.

What you could do is
a. If you are on a project, just see how soon you can complete the pending activity, perform the transition and then seek release. In case you are billable and the much on the client facing side, then it could be a bit difficult.
Either way, only option is to speak to your manager convince him for an early release. work out partial notice and adjust with leave or pay. all these would depend on the completion of your activities.
If required involve HR also for a joint disucssion. (Though, i doubt it would be of any help)

b. Get a dr certificate stating the reasons of illness that would request you to have bed rest and ask for a early release. For sickness, i think you can route thru HR, read thru the policies and be knowledge about those when discussing with HR.

. It is always better to have a mediclaim policy in addtion to whatever company provides. since our depenents' are also covered in company insurance, we are also putting them in risk when we have only company insurance. If you have aged parents then it becomes even more difficult. so, it's always better to have another insurance scheme for the family apart from the company's insurance.

PS: i don't work for HCL.

[Kool_Kid]

Hi MX,

I have worked for HCL and i know for a fact that if you are billage employee ,they will only release you after completing 2 months notice period. Infact they use this as deterrence (or retention tool ) .

And i think your line manager is correct, in case of leaves your notice period will get extended( not sure about sick leaves).

Only your manager / line manager / BH can authorise your early release. HR will not do any thing without approval from your manager.

Now if your manager does not agree, please speak to his manager ... so on if you get stuck please do not hesitate to use 'ASK Vineet' option. 'ASK Vineet' is a forum where every HCLite can ask questions / help directly from CEO.

Its my personal experience that top level management are way more considerate than immediate managers.

if it also does not succeed then contact other company and show them your medical document , ask them to postpone your joining date.

Please do not thing about running away as companies now do background check and more over HCL has a policy to send out a legal notice ( for any recoverable ) to all absconders.

ps:- I use to work with HCL 2 years back.

[kutlee]

tricky situation!! Buy out is entirely upto the management to consider. normally you cannot demand it. normally bllable people won't be considered for buyout options unless there are sufficient trained backups. still less chance and is a ditterence tool.
another technical aspect is that your releiving will get extended if you take leaves on notice (sick or paid) unless paid alone is adjusted on notice period. so they are right. now from your side you can do a request based on humanitarian considerations and 90% hr will comply. I think even the client(if any required) will agree.
you cannot just argue with HR on this case. ball is entirely in their court. be patient and best of luck!

[MutantX]

@ikonner -> Medical claim isnt much of an issue. I cannot claim for physiotherapy which is perfectly understandable. I have a separate medical policy that is attached to my credit card. It is complete and comprehensive. But medical claim is least of my worries.

@ikonner & @kool_kid -> Yes, I understand that I would need to serve the notice period for proper knowledge transfer so that we can maintain a CoB.
That is the reason why I have informed in advance that I would need to under go this treatment with the ortho. I am not asking for immediate release. Currently I am undergoing physiotherapy. This would continue for 20 days. If things go from bad to worse (god forbid) then I would need this traction arrangement where-in i need to be bed ridden for 6 weeks.

My next checkup would be on the 15th dec and if things go bad (god forbid) I would need to start off the traction the very next week.

I never said i wouldn’t serve the notice as I am responsible for the current role I am performing. Since I am the test lead for my team, i have more duties and responsibilities to perform and discharge.

It is complicated! but as kutlee said, i have no other option. The ball in their court. I can only be patient and ask for an early release.

[MutantX]

Hi Guys,

I talked to my manager and mailed all the facts. He was compassionate and told me that he would release me by the end of this month. He has communicated this to the customer also. But when I talked with the HR, he was quite heartless he said I would need to come to office no matter what and what happens.

Please suggest.