Need advice regarding resignation during high-risk pregnancy, notice period buyout, and withholding of documents (India)
My wife works at a private school in India and is currently going through a very severe high-risk pregnancy with ongoing medical complications. She has been under continuous medical supervision, and due to the seriousness of the pregnancy, the school had officially approved her sabbatical/medical leave earlier.
Unfortunately, the pregnancy condition worsened significantly (hospital visits, fetal complications, possible NICU situation, etc.), and she became medically unfit to continue working. Because of this, she submitted her resignation purely on medical grounds — not because of another job opportunity.
Current situation:
- The school has acknowledged the resignation.
- She personally visited the school and submitted all official assets/laptop to the IT department.
- Medical records supporting her condition are available.
- Sabbatical/medical leave approval is documented.
However, HR is now saying she must either:
- Serve the notice period physically, OR
- Pay notice period buyout.
At the same time, the following are still pending:
- Experience/Relieving letter
- Salary slips
- Form 16
- UAN/PF details
- Full & Final settlement
Timeline:
- Initial formal mail sent: 30 April
- Follow-up mail sent: 5 May
- Final escalation mail also sent recently
- No proper response from HR yet.
My questions:
- Can a company/school legally enforce notice period buyout when the employee is medically unfit due to a documented high-risk pregnancy?
- Does approved sabbatical/medical leave strengthen her position legally?
- Can they withhold Form 16, salary slips, PF/UAN details, and relieving documents because of a notice period dispute?
- Would approaching Labour Commissioner/Women’s Commission/help through advocate make sense here?
- Has anyone dealt with a similar situation in India?
We are already under major emotional, medical, and financial stress due to the pregnancy complications and trying to understand the best practical/legal approach before escalating further.
Would really appreciate guidance from anyone familiar with Indian employment law or similar experiences.