Can a company terminate me while I am on medical leave?

Terminating an employee solely because they are on approved medical leave is generally unfair and may be illegal, especially for workmen protected by labour law. An employer must follow due process and cannot use genuine illness as a pretext for arbitrary dismissal.

Key points

• Termination during approved medical leave without valid cause and due process can amount to unfair or illegal termination.
• Workmen enjoy protection against arbitrary dismissal and are entitled to notice or wages in lieu.
• Employees covered by ESI have additional protection against dismissal during certified sickness.
• Any termination must follow the principles of natural justice, including a fair opportunity to respond.
• Discriminatory dismissal based on disability may also violate disability rights law.

Relevant law

Protection against unfair dismissal for workmen flows from the Industrial Disputes Act, 1947. Employees insured under the Employees' State Insurance Act, 1948 are protected from dismissal during certified sickness (Section 73). The Rights of Persons with Disabilities Act, 2016 protects against disability-based discrimination.

What you can do

• Preserve your medical certificates, leave approvals, and all communication with the employer.
• Raise an industrial dispute or complaint before the Labour Commissioner in Lucknow if terminated.
• If ESI-covered, raise the protection under the ESI Act with the authorities.
• Consult a labour law advocate in Lucknow to challenge the termination.