Many Indian companies mandate working from the office and often deny remote work requests unless there are specific health-related reasons. But one Indian software developer says that even after seeking WFH due to a medical condition, his HR rejected the request.
Now, he wants to know whether his employer can legally deny his request. On Reddit, the user wrote: “Following the surgery, I'm expected to have significant difficulty walking for a period of time, and commuting to the office will likely not be feasible during my recovery.”
The software developer, who works in Pune, said he approached HR seeking temporary WFH until he recovered, but his request was denied. “HR has told me that they cannot provide WFH because, according to them, there is no provision for it,” he added. However, he claimed that his role could be performed completely from home without affecting his work.
He claimed that some employees had previously been permitted to work remotely using Azure Virtual Desktop (AVD) access after receiving approval from their managers. The developer even told the HR that he was willing to bear the cost of the AVD licence himself if that was an issue.
He stressed that he was not seeking permanent WFH and only wanted to work remotely until he was medically fit to commute. “I'm also willing to provide the required medical documentation/recommendation from my doctor,” he said.
The situation became more complicated because he is serving his notice period. The employee said taking medical leave could potentially result in an extension of his relieving date, depending on the company's policy.
Can my employer legally deny WFH after knee surgery when the work can be done remotely?
by u/ScleaverZer0ne in IndianWorkplace
Seeking clarity, he asked Redditors whether an employer was legally required to consider temporary WFH or another reasonable accommodation when an employee is medically unable to commute but remains fit to work from home. He also questioned whether being on notice period changes his rights or the employer's obligations.
The developer further asked whether medical documentation from a doctor stating that he was temporarily unable to travel but fit to work remotely would strengthen his case, and whether there was any authority or forum where he could raise the matter if the company refused his request.
“I am not looking to create a confrontation with my employer. I would prefer to continue working throughout my recovery and have even offered to bear the additional technical cost myself. I just want to understand whether I have any legal standing to request this accommodation and avoid having my release date pushed back unnecessarily,” he concluded.
‘Go To Office In Wheelchair'
The post attracted several responses, with some Reddit users suggesting unconventional ways of forcing the issue.
“Go to office in wheelchair, it'll hit the nerve,” a person wrote.
Another user added, “Go to office in an ambulance/stretcher. Keep a few people friends for help. Reach office and call HR and manager to come pick you up from the entrance.”
“Your first concern should be your long-term health so PLEASE don't go to office just to prove a point and show people you are really disabled from surgery. I assume you can cause a lot of damage to your knees with such shenanigans. I don't have better solutions but you don't have any choice but to take medical leave,” said a user.
On a serious note, an individual pointed out that WFH was not a legal right for employees. “Answer is, there's no question of legality. WFH isn't a legal right, it's a policy issue. Completely in the organisation's prerogative,” they said.
Another person advised the techie to take the harder call, saying, “You'll have to bite the bullet here. Either delay the surgery or take medical leave.”
“Better to get a doctor's note and ask for an early release of notice period on the basis of medical exigency,” commented a user.
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