How do my employer terminate me claiming medically unfit.
2 Answers
Dear Client,
The Mental Healthcare Act of 2017 recognises a person with mental illness that they have a right to confidentiality of their mental health records and care. Health professionals are to keep the treatment information confidential. Legally, there should not be any wrong effect on your job as your diagnosis and treatment are confidential. If your employer acts adversely because of your mental health condition, you have remedies of informing the department, government employees, the Central or state Administrative Tribunal. If you later submit a fitness certificate, it will strengthen your position.
You should get a clear psychiatrist report or medical certificate identifying the diagnosis and recommended transfer on medical grounds. Then, send a formal application to the HR authority requesting the transfer, attach the medical certificate. If your department requires, ask for a medical board review. Obtain an acknowledgement of the receipt from the HR and give an expected timeframe. If the employer refuses or delays unreasonably, send a formal reminder. If refusal continues, escalate the issue to a higher authority. I hope this helps. If you have any further question, please feel free to contact.
Dear Client, as per your query, using a medical certificate as a reason to get a transfer is a legitimate reason when one is not getting proper treatment at their current location. Anxiety attacks and panic attacks are legitimate reasons to get a transfer to a location with better facilities. The government has policies in this favor. The Supreme Court of India has ruled that taking disciplinary action or being subjected to discrimination against an employee with a mental illness is illegal. Once you get better, obtain a "Medical Certificate of Fitness to Return to Duty" issued by an authorized medical practitioner, preferably a psychiatrist, before returning to work. The certificate should be issued by a District Hospital Medical Board or a government psychiatrist, such as one in Indore or Bhopal, to be officially accepted. Once you get your fitness certificate, return to work as usual. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.