Techie Asks For WFH After Knee Surgery While Serving Notice, HR Refuses Request: ‘Is This Even Legal?’ | Viral News

Last Updated:August 14, 2026, 18:00 IST

An Indian techie serving his notice period says his company denied temporary WFH after knee surgery, even though he claims his job can be done fully from home during recovery

He is now seeking legal clarity. (AI-Generated Image)

An Indian software developer has asked for temporary work from home after being advised to undergo knee surgery. He says his job can be done fully from home, but his company’s HR team has rejected his request, saying there is “no provision” for WFH.

The employee is already serving his notice period and expects walking and travel to be difficult after the surgery. He says he would rather continue working from home than take medical leave, as he fears leave could affect his final working date.

He Says Surgery Will Make Commuting Difficult

The developer said doctors have advised him to undergo surgery for a meniscus injury in his knee. He expects to have trouble walking for several weeks after the procedure and believes travelling to the office during that period will not be practical.

Since his role does not require him to be physically present at the workplace, he asked HR if he could work from home temporarily until he was fit enough to travel.

However, according to the employee, HR turned down the request and told him the company has “no provision” for work from home. The response confused him because he claims some employees in the organisation have previously been allowed to work remotely through Azure Virtual Desktop (AVD) after getting approval from their managers. He said he was even ready to pay for the AVD licence himself if the cost of setting it up was the reason for the rejection.

The employee also made it clear that he was not asking for a permanent change to his work arrangement. “I’m not asking for permanent WFH. I’m only requesting temporary WFH for the period during which I am medically unable to commute following the surgery.”

He said he could provide his medical records and a letter from his doctor confirming his condition and stating that he would not be able to travel to the office while recovering.

His Notice Period Is Making Things Harder

The employee said his notice period has added another concern to the situation. He fears that taking medical leave could lead to his notice period being extended.

His worry is that the company could add the number of leave days to his notice period and push back his relieving date. That would leave him in a difficult position. He believes he could continue doing his work from home during recovery, but could still have his exit date delayed because he cannot physically reach the office.

Because of this, he turned to Reddit to ask others about his rights and possible options. He wanted to know whether an employer can refuse temporary WFH when an employee is medically unable to commute but remains capable of doing the actual job.

He also questioned whether HR could simply say there is “no provision” for WFH when other workers have reportedly been given remote access through AVD.

He Wants To Know If The Law Helps Him

The developer also asked whether his medical condition could be considered when the company decides whether to offer temporary WFH. He questioned whether disability or labour laws in India could apply to someone who is temporarily unable to travel after surgery but is otherwise able to work.

Another question was whether a medical certificate could make his request stronger. He said he could get documentation from his doctor stating that he is temporarily unable to commute but remains fit to work from home. He also wanted to know if being in a notice period changes his position.

In particular, he asked whether an employer can extend the notice period because of medically required leave and whether such an extension would still apply if the employee could have continued working remotely.

The developer also wanted to know what he could do if the company continued to reject his request despite the job being suitable for remote work. He asked whether there is any authority, forum or other legal option where an employee could raise such a dispute.

He Says He Does Not Want A Fight With HR

Despite being unhappy with the response, the employee said he does not want to create a problem with his employer. “I am not looking to create a confrontation with my employer.”

Instead, he wants to find a way to keep working during his recovery without putting his relieving date at risk. He also pointed out that he had offered to pay for the AVD licence himself.

According to him, this was an attempt to remove any extra cost or technical issue that might prevent him from working remotely. His main questions were whether a company has any legal duty to provide temporary WFH as a reasonable accommodation, whether earlier AVD approvals for other employees matter, and whether being on notice changes his rights.

He also asked if Indian labour or disability laws could apply to his situation, whether medical proof would help his case and where he could seek help if the company refuses his request.

Reddit Users Offer Mixed Suggestions

The post drew several responses, including some practical advice and comments about the possible legal side of the matter. A user joked about the difficulty of travelling to work after surgery, writing, “Go to office in wheelchair, it’ll hit the nerve.”

Another discussed the Rights of Persons with Disabilities Act, 2016 and wrote, “Rights of Persons with Disabilities Act, 2016 (RPwD Act) mandates “reasonable accommodation” and non-discrimination in employment. So unless you are above 40 percent permanant disabled, your employer does not need to accomodate at all from a legal point of view.”

A person suggested taking the situation to an extreme to show the company how difficult commuting could be. “Malicious compliance. Go to office in a ambulance/stretcher. Keep a few people friends for help. Reach office and call HR and manager to come pick you up from the entrance.”

Key Questions Answered

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Can employers legally deny WFH for temporary medical conditions?

India does not have a dedicated law that grants employees a universal legal right to work from home. While new labour codes recognise WFH, it generally depends on mutual agreement between employers and employees. However, the Rights of Persons with Disabilities Act, 2016, requires reasonable workplace accommodation for individuals with disabilities.

What are an employee’s rights during a notice period in India?

Indian labour law does not permit an employer to force an employee to continue working against their will during a notice period. However, the terms of the employment contract and appointment letter are crucial. If an employee leaves without serving the agreed notice period, the employer may require them to pay ‘notice pay’ or compensate the company under a buyout clause.

Could a medical certificate strengthen a WFH request?

A medical certificate stating that an employee is temporarily unable to travel but remains fit to work from home could strengthen a work-from-home request.

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