Can HR or Manager of a company force you to resign because you cannot come to work because of medical problem?
I need some advice. I am suffering from a disease since I was 16 and have an infection in my stomach. I had an operation 4 years back and lost one of my kidneys. Since then I was fine. But from the past one month, it started paining again and I could not go to work. I went to doctor and found out that the infection has increased to my liver. I need to do the scans and only then my doctor could say anything. I kept my manager informed about it. Now he is telling me to resign and rejoin the company. I spoke to the HR and he told me the same thing. I know I wont be getting any salary as my leaves are already over but what I want them to do is to let me join in a month’s time. I want to know that can a company (HP in this case) force an employee to resign because she is undergoing a serious medical problem. I need some advice about what I need to do.
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If you are in the USA, you can file for FMLA. Then they cannot force you to resign, and have to keep your position open for you. If you have used up all your leave, they don’t have to pay you for the extra time.
Your insurance would continue to cover you, although you might have to convert to COBRA, but you can be let go after all your leaves are exhausted. At some point the company has to be free to replace you. Your status once you are able to go back to work can vary from company to company. All of the policies should be clearly spelled out in your employee handbook.
@WestRiverrat, @zenvelo: Thanks for your replies. I am not in USA. I am in India and I have a medical insurance worth $20,000 from the company. Do you think thats the reason they want me to resign ASAP?
Unfortunately, I have no clue how these things work in India. It would not surprise me if the company was trying to save money.
You need to take care of your health first. Find out what the laws are in India or your state to learn what rights you have. Stay in touch with the company and people while you are not working there, and it will make it easier to return, even if it is not to the same job.
Do you have something like a bureau of employment in India? Some central government office that handles employment law/worker’s rights is what you want to find. They should be able to answer your questions about this.
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