Dear All, An Executive is on continuous leave on medical grounds for about an year. He has exhausted all leave at his credit but still not resumed duty and keeps applying for leave on medical grounds with medical certificate from a Government Hospital from Tamilnadu (our Company is in Delhi). We suspect that he is somehow managing to get the medical certificate and hence want to get him examined by our Company Doctor for which the employee is declining stating that he is unfit to travel. Is there any Medical Review Boards in Dist. Govt. Hospitals to review the case of this person and issue medical certificate or is there any other mechanism available in the State of Tamilnadu to deal with such cases. Please share your suggestions / required information.
From India, Chennai
From India, Chennai
How long he is on leave and how many days he has applied for Medical Leave?
Is he getting certficates from the same Hospital?
What is he working as? You say he is an executive. What is the nature of work? This is just to examine whether he is covered under the Standing Orders Act.
You can apply to the CMO or District Medical Officer of your District for a review. Legally it is allowed.
You can examine all Certificates and find out mistakes.
You can even terminate his services on medical grounds.
So many options are available and correct advice can be given only be examining all certificates and
But to answer your question simply, yes there is review mechanism available and you apply to the District Medical officer or the CMO of the Hospital if it is General Hospital
T Sivasankaran
From India, Chennai
367Is he getting certficates from the same Hospital?
What is he working as? You say he is an executive. What is the nature of work? This is just to examine whether he is covered under the Standing Orders Act.
You can apply to the CMO or District Medical Officer of your District for a review. Legally it is allowed.
You can examine all Certificates and find out mistakes.
You can even terminate his services on medical grounds.
So many options are available and correct advice can be given only be examining all certificates and
But to answer your question simply, yes there is review mechanism available and you apply to the District Medical officer or the CMO of the Hospital if it is General Hospital
T Sivasankaran
From India, Chennai
Thanks for your detailed reply.The employee is a Senior Engineer and covered by our Conduct Rules and not by Standing Orders. The certificate produced by him is from the same Doctor.
From India, Chennai
From India, Chennai
Get opinion of doctor of your company on medical reports of the employee. If you have not obtained those. Ask employee to produce those. If your doctor gives different opinion then request the Medical Suptt of the government hospital to constitite Medical Board to review the govt hospital doctor's certificate.
If the opinion is revised then ask the employee to report for duty immedialely failing which treat him absent and after sending few reminders take necessary action after following procedure prescribed for disciplinary action
Thanks
Sushil
From India, New Delhi
If the opinion is revised then ask the employee to report for duty immedialely failing which treat him absent and after sending few reminders take necessary action after following procedure prescribed for disciplinary action
Thanks
Sushil
From India, New Delhi
How long he is on leave? Send a letter to him as to why his services could not be terminated on medical grounds. Get a draft from a consultant . Wait for reaction. If there is no response, just terminate. You can wait for 15 days for response. Send an enquiry team to his residence openly and tell him that the team is visiting to verify whether he is really sick?.
From India, Chennai
From India, Chennai
"Send an enquiry team to his residence openly and tell him that the team is visiting to verify whether he is really sick?."
Person is in Chennai and office is in Delhi.
Secondly visit to a residence is to be done with greatest of care.If employee is ill minded-charges of trespass can also come up against the team.I know of a somewhat similar case where employee threatened the team with trespass.
what I feel is that the office should work on documents.
Have medical documents vetted and if defective, get in touch with CMO of the GH and ask him to review the case.
if eventually nothing works,the initiate process of termination.
From India, Pune
Person is in Chennai and office is in Delhi.
Secondly visit to a residence is to be done with greatest of care.If employee is ill minded-charges of trespass can also come up against the team.I know of a somewhat similar case where employee threatened the team with trespass.
what I feel is that the office should work on documents.
Have medical documents vetted and if defective, get in touch with CMO of the GH and ask him to review the case.
if eventually nothing works,the initiate process of termination.
From India, Pune
One can be charged with trespass only if you enter without his permission. You can send a Team to see him at home as he claims to be sick. Go with fruits. We have done on several occasions and found this to be effective.we got informations regarding genuine cases and we have extended time. We have also come across with instances where the person himself is not in station.
To me this is a very simple method and let us not complicate by quoting certain provisions of law.
From India, Chennai
To me this is a very simple method and let us not complicate by quoting certain provisions of law.
From India, Chennai
In the domestic inquiry which may be initiated against him, he will take simple defence that half an before he was taken by his family member to a nearby nearby nursing home in emergent situation of diarreah so he was not available at home. The original treatment is being continued by GH. Unless that medical certificate is set aside by CMO or Medical Board of GH or he is proposed to be terminated on continued I'll health, he will be able to get set aside termination. If you have dobts about his I'll health, you may secretly get inquired where he is working and obtain data and then pursue disciplinary inquiry.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Dear Mr Siva,
I am not complicating anything,just giving a cautionary note.
Every step we take in official work should be careful.
I am aware of such cases,where person was supposed to be in hospital and when checked not found in the ward.
One should be open to hearing differing opinions .
From India, Pune
I am not complicating anything,just giving a cautionary note.
Every step we take in official work should be careful.
I am aware of such cases,where person was supposed to be in hospital and when checked not found in the ward.
One should be open to hearing differing opinions .
From India, Pune
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