Manager -hr&a
Legal Consultancy
Head Human Resources
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Dear All,
I have an employee on a long sick leave (2 months now), he is in my headcount but non-productive. Recent discussion with him revealed that he needs another months leave (which is not possible as departmental work is suffering). Please suggest how to relieve such employee.
Nitin Pathak
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Dear friend
Now a days you have to follow some rules to remove a Employee. You can not remove without any valid reason or without conducting enquiry. Hence please explain what is the role of the employee. Whether is a confirmed employee /Probationary/Trainee/Casual labour. The rule will change according to the cadre. then only we can correct answer to you to do further
Hi Alphonse,
He is in IT department (System Support Engineer), part of a 10 member team responsible for 100% uptime and running of PCs' in BPO setup, he is a permanent employee. Do let me know if any other detail is needed.
Thanks for your quick revert...
Hello Nitin,

Though one should be empathetic about the issues an employee may is facing in his personal life, it is important to ensure that it doesn't lead to any adverse effect on the official responsibilities of the employee. I suggest to take the views of the employees manager and team-members before arriving at any conclusion. Refer the trend which is being followed in your organization as well.

In this regard, I'll strongly suggest that this employee should be given a long rope and extended help. There are many benefits of this - demonstrating to employees at large that the company does care for it's employees, company will not put additional stress on employee when he is under tremendous personal trauma / sickness, etc. and there by gain employees loyalty [and score some brownie points on employee engagement front].

Having said this, an employee may be asked to move on by referring to Appointment Letter clauses wrt notice pay / termination of employment etc. You may pay him his notice period salary [in gross] and release him.


Dear Nitin,
If you go by rules, then if the employee concerned is sending timely information about extension of leave on valid medical certificate, then taking harsh action of termination of services is not correct on the part of management. However, if only some written or verbal communication is being sent, you may ask him to give clarification/explanation in writing supported with medical certificate, failing which action as per provisions of Standing Orders applicable on employees in your establishment may be taken. You may also talk to the employee concerned over phone and judge the reasonability of his absence.
On his reporting for duty, you may send him for re-examination by your Company Medical Officer, if in practice/ as per rule.
Taking action for termination should be the last resort.
AK Jain
As per my view, first of all check the genuinity of the leave, if the employee is required leave as per the medical practitioner, then check whether the extension is valid and his fitness towards the job. Lastly discuss the matter with your management team and plan out whether to hire an employee temporarily or permanently. If the employee has to be hired permanently tell the existing employee the facts and ask him to resign and relieve him in good note.
There is no any straight rules in this matter, it depend on management of company, how do they managed the such type issues... in Govt organization if management is in doubt that employee is sending fake certificate..... then they asked to employee to report Appointed Doctor by Govt..... or they can setup a medical board...for checking of genuine of the such cases.....board submit their report to management....according mgmt take decision....
Dear Nitin,
If he is a permanent employee then you can reject his leave application. What is the reason he is citing for the leave now? If he is suffering from some long illness, then counsel him to resign and take proper treatment, because for management to grant so much leave is not possible. Still, if he proceeds on leave without pay unauthorisedly, then you can issue him chargesheet for habitual absence without leave, or leave exceeding 10 consecutive days, as per standing orders and conduct an enquiry. After completion of enquiry, send him a copy of the findings and terminate his services.
This Query was posted 30 months back, reply to such query now doesn’t carry any relevance
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