Is it necessary to serve notice period during medical illness period?

I have been employed with an IT firm since 1st August 2025, which is located in Bangalore, in the capacity of Assistant Manager – Operations. I am originally from Mumbai. After six months of continuous employment, I came to Mumbai on leave and was diagnosed with a spinal ailment, due to which my right leg, and eventually my left leg, started losing sensation, and I became unable to walk. I requested my employer to allow me to work from home until I am fit enough to resume duties from the office. However, they are stating that it is against company policy and client requirements. At the same time, many other employees, including managers and staff members, are already working from home. I seek guidance on this matter. I would also like to know whether serving a 3-month notice period is mandatory, as my medical and physical condition does not permit me to continue at present. According to my doctors at Bombay Hospital, it may take at least 6 months for recovery. I am also anticipating further harassment from the management and HR. Kindly advise me on the best course of action.

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Advocate By LEAD INDIA Answered: 07 Apr 2026

If your medical condition is serious, first submit medical reports and a written request for work from home / medical accommodation. If the company refuses unfairly, keep proof of discrimination, especially if others are allowed work from home. Regarding resignation, notice period can sometimes be waived or negotiated on medical grounds. If they harass you, send a formal email, and if needed, approach the Labour Commissioner or file a complaint for unfair employment practices. For further legal assistance contact us on our helpline number.

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