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L.Kumar
8

Dear Seema
Please have a discussion with the lady employee, who is on her family way.
Find out the reasons for availing leave without informing organisation though they are ready to allow leave?
After hearing her reply, you may take appropriate action in her case.
With regards
L.Kumar

From India, Madras
Anil Shridhar Mulye
3

Hi Seema,
While I appreciate the dificulties of women employees, one thing should be clear that one has to give priority to organisational interest since it ranks above the personal interest. One should definitely resign when health does permit to continue with the job. If reason does not prevail it should be made to prevail by continuously harping on this issue.
Newton's First Law of Motion:Every body in the state of rest or motion continues its state till some external force is applied.
In case of some human beings same law applies simply change the wording Every bode to Everybody. Apply three tricks SAAM i.e. Pursuasion/Counselling, DAAM- penalising absence by cutting salary DAND i.e penalty i.e. downgrading rating and BHED i.e. sacking - by giving notice at each stage.
Anil Mulye

From India, Mumbai
kordesandeep
1

Hi
This is the critical situation a company faces when such arises.Look,you are the HR and have to tackle the situation properly rather giving a final dicision(dynamite) to her.
As said by one of our friend,its true that what is the problem she is facing with her family life.Try to counsel her and get the genuine feedback.Look if she continues to do the same thing for long period no company would support her.
If she doesnot have any problem as such from her family then it depends on her to take the long leave or leave permanently.Because company can't bear any losses due to her misbehavior.
Think if its your own company,what would you do?
Bye
sandeep
9848123095

From India, Warangal
Kalyan R
13

[/b]Hi Seema
Sec 12 of the Maternity Benefit Act deals with dismissal during absence or pregnancy. As dismissal of employee during pregnancy involves legal complications, it would be better to counsel the employee effectively by explaining the consequences of her unauthorized absence.
If this approach is not fruitful, you can issue her a Show cause notice for her habitual unauthorized absence. Issuing Show Cause Notice is not prohibited in the Act. This approach will definitely send clear signal to the employee and will fetch expected result.
The soft copy of the relevant provision is attached for your ready reference.
Thanks & Regards
Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division, Chennai
Mobile: 919840942232

From India, Madras
Attached Files (Download Requires Membership)
File Type: doc maternity_benefit_159.doc (68.0 KB, 151 views)

K.Ravi
54

This shows that there is some thing which makes her forego even her basic salary and all. Get knowledge about the situation and then do chuck out or whatever you want to do. Take decision yourself.
From India, Pune
Rahul.Tiwari
5

Hi Seema
I am very much agree with Mr. Harshad and also would like to add my suggesion that you can ask her Doctor about the complication for which she is taking leave then only you can terminate her. Before terminating her you should also know the by which month she is passing. If she has almost pass 7 months then you will not able to terminate her.
So do 2 things first before taking any action against her.
1. Confirm with her doctor about the complication.
2. Unofficially ask her about running month.
Hope the above information will help you.
Regards,
Rahul

From India, Ambala
NKTiwari
3

Seema:
prepare a report on her absenteeism for the last six months and on that basis issue her a warning letter. If she does not improve issue her a show cause notice which she has to reply in writing. You will come out with solution after her reply. please check her appintment letter and /or the code of conduct/standing orders applicable to your organisation. Build up a case before going into some serious disciplinary action other wise it will go against the principles of Natural Justice. i.e
1. first try to talk to her and make her understand
2. Issue her written warning
3. Issue her show cause
4. Issue her suspension letter
5. hold domestic enquiry/inquiry as the case may be.
6. Take the final action
regards
NKT

From United States, Cambridge
htareen
2

Hi Seema,
Being an HR person you should book an employee in writing so that in case of Court of Law your case will be strong, keep warning and explanation letters duly receipt by her in the personnal file, verbal warning is not sufficient rather not recommended.
regadless, of her balance leave she has or not it is a office discipline which should be maintained all the time, if you should not take the stern action then other employees will be encouraged.
Htareen

From China
lazarus
I would like to go with trisha, dude we need to explain that if she is going for frequent leave that will effect her in evaluation time and as well decrease the ML's or any other leave sanctioned. We can also councle her and say her importance. since she is conformed employee we cant give her direct councelling but we can have a discuession's.
All the best
Joey

From India, Madras
Gunjan_Sharma
5

I feel that you should speak to her and find a mid way, may be like some flexi working, if she stays nearby then she may go home for sometime may be in Lunch Hours which is require, come little late and go little early. She will be convinced because if you will give her 2 hrs flexibility then she will try to adjust and won't prefer to go leave without pay.

In such situation asking any female employee to leave will not be ethical and even if you ask her to leave then she may claim maternity benefits which will be a cost to the company.



For a old employee it is always better to retain by finding some solutions. She will be a very comitted employee if she started felling that company cares for her.

For certain time you may hire a Jr. employee for the similar kind of position who will help her, which anyways you will need once she will go on maternity leave.

You can also arrange a rest room in your organization where she can take rest if she is not feeling well for some time, in such case for urgent work she will be available.

From India, Vadodara
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