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Anju   13 August 2022

Fitness certificate

Dear Sir,

My husband is getting Psychiatric treatment for depression from AIIMS, Delhi. Recently her chief manager allowed him leaves for rest  for 2 weeks as per AIIMS OPD advise. After 2 weeks when he went to office . He was not allowed to join and asked to submit fitness certificate from AIIMS. As the appointment date at AIIMS was 1 week later. So chief manager instructed him to do manual work. He worked for 4-5 days being on leave.

After obtaining certificate from AIIMS which reads as under:-

Patient want to rejoin. He may rejoin but with adequate supervision.

AIIMS OPD says they can not issue medical fitness for Psychiatric patients as it is not required in any medical board.

My husband submitted this to office but the chief manager declined and did not hear to his plea.. Now  my husband sitting at home ideally and due to this problem, the depression of my husband is increasing. 

Kindly guide whether the office can eat my husband job or what remedy my husband have.

 

Regards

Anju Arora



Learning

 8 Replies

Pradipta Nath (Advocate)     13 August 2022

There is a chance that the employer may issue notice to your husband.

Anju   13 August 2022

Which type of notice sir

Pradipta Nath (Advocate)     13 August 2022

Termination notice due to unfit mental health condition which is detrimental to both the company and colleagues.

Anju   13 August 2022

Then what is the way out. As he can not leave job now.

Pradipta Nath (Advocate)     13 August 2022

Tell him to join the work and try to do it on his best capacity with zero percentage supervision. Aside, it is your responsibility to keep your husband free from any anxiety in home. In case you also need some counseling, don't hesitate to go for it.

P. Venu (Advocate)     15 August 2022

When an employee has availed leave based on medical certificate he is bound to produce fitness certificate inorder to rejoin duty. If a conditional fitness certificate is issued, the controlling is required to refer the matter to the opinion of the Medical Board.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 August 2022

Is your husband's job a government job?  If so, you get a certificate from a doctor practicing psychiatry stating that he is fit to join work and submit it to the employer. Certificate from a Government doctor would be better. If no Government psychiatrist is available get it from a private doctor. State in the application to  the employer that if the certificate submitted by you is not acceptable, you are willing to appear before a medical officer or medical board as required by the employer. Once the letter is given the employer cannot terminate the employee.

Lokesh Arora   08 September 2022

When some one is having disease and treatment is going at Delhi. Is there any law which can protect a government employee from being harrassed, if the employee is having depression related discomfort and getting treatment. In most of the cases, the bosses doesnt allow leave every time for attending OPD at far away places. i.e from Bareilly to New Delhi.

In such cases,  whether any law that employee be posted at Delhi to get the treatment without any hassle.


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