Dear Anamika,
I have dealt with several such cases. Most of the time employees gets another job offer and because the next Co. pressurizes them to join early they make up such excuses.
If you have got the medical documents verified from your Dr. and he/she says that the employee's condition does not require her to quit her job then stick to it. Treat her resignation as " resignation on personal grounds" (because medical grounds have not been proved), she should have either served notice or paid in lieu of notice and taken a clean relieving.
Also, she informed you verbally about her resignation, you have to consider that date as the start date of her notice period. Complete her FnF calculation and check if any amount is payable/recoverable. If payable then make the payment promptly; if recovery send her a letter for recovery.
Don't worry about the employee suing the Co. at most you may get a notice from her Advocate stating that you have caused grievous mental and physical harassment etc, etc... you can ask your advocate to reply to that letter and refute each and every allegation in point wise/para wise format.
From my experience, a letter/notice from an Advocate is not much to worry about. If you get a notice from court then you would need to engage a experienced lawyer to handle the case, but possibility of this happening is negligible.
Hope this helps,
Regard,
Ritesh Shah
From India, Pune
76I have dealt with several such cases. Most of the time employees gets another job offer and because the next Co. pressurizes them to join early they make up such excuses.
If you have got the medical documents verified from your Dr. and he/she says that the employee's condition does not require her to quit her job then stick to it. Treat her resignation as " resignation on personal grounds" (because medical grounds have not been proved), she should have either served notice or paid in lieu of notice and taken a clean relieving.
Also, she informed you verbally about her resignation, you have to consider that date as the start date of her notice period. Complete her FnF calculation and check if any amount is payable/recoverable. If payable then make the payment promptly; if recovery send her a letter for recovery.
Don't worry about the employee suing the Co. at most you may get a notice from her Advocate stating that you have caused grievous mental and physical harassment etc, etc... you can ask your advocate to reply to that letter and refute each and every allegation in point wise/para wise format.
From my experience, a letter/notice from an Advocate is not much to worry about. If you get a notice from court then you would need to engage a experienced lawyer to handle the case, but possibility of this happening is negligible.
Hope this helps,
Regard,
Ritesh Shah
From India, Pune
Dear Anamika,
I understood from your email that employee is misusing the leave eligibility. Pl refer to terms of appointment for no. of sick leaves with pay provided to employee. Subsequently you can also take second opinion on all medical reports submitted by employee whether so many leaves are genuinely required for such medical issue or not. Pl also seek initial medical checkup reports where doctor must have advised her to go for detailed medical checkup with suggestion rest period & also bills which confirms she was admitted in hospital.
You can also seek for medical prescription of the doctor where he/she had instructed the said employee to take leave for a long period but please ensure it should issued on date when she had gone for medical checkup not later one.
Pl issue official show cause letter to her for not attending office for such a long period, for not giving resignation & serving notice period or payment of notice pay as the case may be as elaborated in appointment letter.
Let her go for legal action as onus of proving that she was ill and advised for long medical rest lies on her. I sense malafide intention from her behavior & activities.
Rest depends on the discretion of your management whether to go for hard step or pay salary on humanitarian ground.
From India, New Delhi
I understood from your email that employee is misusing the leave eligibility. Pl refer to terms of appointment for no. of sick leaves with pay provided to employee. Subsequently you can also take second opinion on all medical reports submitted by employee whether so many leaves are genuinely required for such medical issue or not. Pl also seek initial medical checkup reports where doctor must have advised her to go for detailed medical checkup with suggestion rest period & also bills which confirms she was admitted in hospital.
You can also seek for medical prescription of the doctor where he/she had instructed the said employee to take leave for a long period but please ensure it should issued on date when she had gone for medical checkup not later one.
Pl issue official show cause letter to her for not attending office for such a long period, for not giving resignation & serving notice period or payment of notice pay as the case may be as elaborated in appointment letter.
Let her go for legal action as onus of proving that she was ill and advised for long medical rest lies on her. I sense malafide intention from her behavior & activities.
Rest depends on the discretion of your management whether to go for hard step or pay salary on humanitarian ground.
From India, New Delhi
Dear Kapil, I appreciate you advice. We have consulted our lawyer as well for this case.He is also of the view that the employee is wrong on her part. Thanks a lot.
From India, Delhi
From India, Delhi
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Employee Appraisal Form new.doc