The Bombay High Court has held that an employer cannot terminate the services of an employee solely on the ground that the employee availed prolonged medical leave, observing that such termination violates the Rights of Persons with Disabilities Act, 2016 and Article 21 of the Constitution.
A division bench of Justices Sandeep Marne and Rajesh Patil, while allowing the petition of a former employee of a pharmaceutical company, held:
"An employer has a duty to make reasonable accommodation for an employee suffering from a medical condition. Termination on the sole ground of prolonged medical leave, without considering the possibility of reassignment or modified duties, is discriminatory and illegal."
The court directed reinstatement of the employee with full back wages from the date of termination. It also imposed costs of ₹50,000 on the employer company, to be paid within four weeks.
The case arose from the termination of a sales manager who had been on continuous medical leave for eight months following a heart surgery. The company terminated him invoking a clause in the employment contract permitting termination after six months of continuous absence.
A division bench of Justices Sandeep Marne and Rajesh Patil, while allowing the petition of a former employee of a pharmaceutical company, held:
"An employer has a duty to make reasonable accommodation for an employee suffering from a medical condition. Termination on the sole ground of prolonged medical leave, without considering the possibility of reassignment or modified duties, is discriminatory and illegal."
The court directed reinstatement of the employee with full back wages from the date of termination. It also imposed costs of ₹50,000 on the employer company, to be paid within four weeks.
The case arose from the termination of a sales manager who had been on continuous medical leave for eight months following a heart surgery. The company terminated him invoking a clause in the employment contract permitting termination after six months of continuous absence.