grranganatha
Dear All,
One of my employee took leave for personal reasons for more than a month and later she has sent mail with doctor certificate stating that medical reasons she cann't travel hence she needs three months leave. But we did not respond anything and she continued absent without pay since she has exhausted all her leaves.
Later again she sent one more doctor certificate stating that she has conceived asking for leave until the delivery of her baby.
We have planing to send her a memo calling her to report back to duty.
Please guide us, sending her calling letter at this moment is right way or any other alternate action to be initiated?
Regards,
Ranganatha

From India, Ernakulam
soumik1570
112

1.One of my employee took leave for personal reasons for more

than a month ------

was this leave sanctioned for that particular time span???if she was overstaying her leaves, your management should have taken the step , and asked about such in disciplinary action..should have asked for her explanation , stating a stipulated time.

2.later she has sent mail with doctor certificate stating that medical reasons she cann't travel hence she needs three months leave. But we did not respond anything and she continued absent without pay since she has exhausted all her leaves. .......

in this case the employee have taken the rightful advantage of step-1. you didn't asked her for any explanation for overstaying, so she didn't paid any heed to the matter, rather she realized management is not so strict in matters considered, it shows a reckless managmnt attitude. so she again asked for 3 months leave.

Now if u realise, the smployee had done her part very carefully, she has intimated the leave matter, asking for leave. But here also your management remained silent."But we did not respond anything " why u didnt asked her to report, or rejected her application, no wriiten was given from managemnet side, but employee have done her part.

3.Later again she sent one more doctor certificate stating that she has conceived asking for leave until the delivery of her baby.

now you are bound to give her leave, as per her right @ maternity benefit act. In this period as per the act, employer can't sue her, employer cant enforce any disciplinary action , or any proceedings regarding misconduct, nor u can terminate her...

I just shared my views, wait for seniors to drop more views on this...

From India, Calcutta
Sharmila Das
990

Dear Mr. Ranganatha,

It is such devastating for any employer that an employee procures many leaves effecting the productivity. I forsee that there is something lacking from the management. Your post gives us an idea, evidently, the employer seems "to be won or lost" situation.

Considering to Mr. Soumik's idea; she has done her part carefully. This employee had all rights to take advantage as Employer didn't respond to the matter illustratively at that time. Think carefully about the types of questions you anticipate the employee will ask you, incase of any decision is taken without apt reasons. Bestest way is to prepare a RPAD letter (to join services immediately) just a week before her leave gets to an end. However, you may to do this in steps. If she doesnot retort to pack up her leaves, you may send another letter to showcause as why she may not be terminated from her services -- for this you may give a couple of days time. Final and third critical stage, in case of no comeback you may send a competent letter pertinent to her termination of services with the organization.

Lest may you've played your part; this might not have been the criterion to terminate any employee. It's the duty & conscientiousness of both (Employee & Employer) to regard what they choose.

From India, Visakhapatnam
mohan jeeva
3

Dear Sender You ask her medical report and find all the reports are truth. then will have to issue a memo or punishment. with regards Mohan j
From India, Chennai
meenugreen
26

Dear Mr. Ranganatha,
I read your question and found that really as a HR person you are in a very tricky and complex situation. Ms. Sharmila Das suggested a proper and good way to sought out this matter.
with regards,
Meenu Singh
9717891380

From India, New Delhi
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