Long Term Sickness Dismissal Letter for India

Long Term Sickness Dismissal Letter Template for India

A formal employment termination document used in India that addresses the cessation of employment due to prolonged illness or medical condition. This document complies with Indian labor laws, including the Industrial Disputes Act 1947 and relevant state-specific regulations. It outlines the circumstances leading to dismissal, documents the consultation process, details final payments and benefits, and informs the employee of their rights under Indian law. The letter maintains a balanced tone between legal compliance and compassionate communication, ensuring all statutory requirements are met while handling the sensitive nature of health-related termination.

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What is a Long Term Sickness Dismissal Letter?

The Long Term Sickness Dismissal Letter is a crucial document used when terminating employment in India due to prolonged medical incapacity. It becomes necessary when an employee has been absent for an extended period with no reasonable prospect of returning to work or maintaining regular attendance. This document must comply with Indian employment legislation, particularly the Industrial Disputes Act 1947, state-specific labor laws, and relevant disability regulations. It should document the employer's attempts at reasonable accommodation, consultation process, medical evidence considered, and final decision. The letter serves multiple purposes: legal compliance, clear communication of the decision, documentation of the process followed, and protection of both employer and employee rights. It's essential to maintain detailed records as the document may be scrutinized by labor authorities or courts if the decision is challenged.

What sections should be included in a Long Term Sickness Dismissal Letter?

1. Opening Details: Date, employee details, company details and reference numbers

2. Acknowledgment of Situation: Summary of the employee's sickness absence history and current status

3. Previous Communications: Reference to meetings, consultations and previous correspondence regarding the situation

4. Medical Evidence: Summary of medical reports, occupational health assessments and prognosis

5. Reasonable Adjustments: Overview of adjustments considered and/or implemented

6. Termination Decision: Clear statement of the decision to terminate and the reasons

7. Notice Period: Details of notice period, last working day and payment in lieu if applicable

8. Final Pay: Information about final salary, unused leave, and other statutory payments

9. Return of Company Property: Instructions regarding company property return

10. Right of Appeal: Information about the employee's right to appeal and the process

11. Closing: Expression of regret, contact details for queries, and signature

What sections are optional to include in a Long Term Sickness Dismissal Letter?

1. Alternative Positions: Include when alternative positions were considered or if reemployment might be possible in future

2. Medical Insurance: Include when continued medical insurance coverage or COBRA-equivalent options are available

3. Outstanding Loans: Include if there are any company loans or advances to be settled

4. References: Include if the company will provide references and what type

5. Post-termination Restrictions: Include if there are specific contractual restrictions that continue post-employment

6. Employee Assistance Program: Include if continued access to EAP services is available post-termination

What schedules should be included in a Long Term Sickness Dismissal Letter?

1. Medical Summary Report: Summary of medical assessments and occupational health recommendations

2. Meeting Minutes: Records of consultation meetings and discussions about the employee's condition

3. Benefits Statement: Detailed breakdown of final payments and benefits

4. Appeal Procedure: Detailed procedure for appealing the dismissal decision

5. Company Property Checklist: List of company items to be returned

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant Industries

Manufacturing

Information Technology

Healthcare

Financial Services

Retail

Education

Construction

Professional Services

Hospitality

Telecommunications

Transportation

Real Estate

Energy

Mining

Public Sector

Non-Profit Organizations

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Industrial Relations

Operations

Administration

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Law Specialist

HR Business Partner

Employee Relations Manager

HR Operations Manager

Compliance Officer

Industrial Relations Manager

Personnel Manager

HR Administrator

Labor Relations Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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