Medical Separation Policy - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Teambpo2007@gmail.com
Business Development Manager
+1 Other

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Dear Sir,
I have been asked by the management to develop a Medical Separation policy.
Please guide me what kind of logical compensation can be given to the outgoing employee.
It is other than injury on duty or injury in work.

Dear Nikhil, I am not able to understand your question. Do you mean voluntary separation on medical grounds?
Sir, It is like an employee is unable to perform his duties due to sickness. He /She shall apply for early retirement on medical grounds approved by medical officer.
So what best a company shall provide to the employee as monetary support & benefit (medical, housing etc) so that it will be a win-win deal for both.
Or the employee backed by the union will come to the office but not perform his optimum and shall take all the benefits till his retirement.

Dear Nikhil,
What you've aked is a very important question in the back-drop of the union's support to a non-performer. It is also not clear whether it is an isolated case of an individual workman or many such workmen. Have you considered the option of an alternative job befiting his present health condition? If the workman is examined by an independent Medical Board and declared to be physically unfit to do any job, his services can be terminated on the ground of medical invalidation. So, negotiate with the workman and the union and convince both for an amicable settlement. Better take into account the relative costs of retaining him and his amicable voluntary exit on medical grounds.

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Sir, The employee is not performing due to the sickness. Management assumes that if we provide such benefits to a single workmen then many more are likely to apply for the same in future. The employees condition is worse and I don't think he can do any other job. Moreover he is in the unskilled category and 56 yrs old.
Thank you Sir

Dear NIKHIL,
Your Management's apprehension is correct. The natural process of ageing can not be stopped nor the problems associated with it could be effectively tackled by all. Since unskilled job involves mostly repetitive physical labour, a person of 56 years of age can not be certainly as productive or efficient as he was before. Without the essential further informations like the nature of manufactory or work in which such people are engaged, the age of superannuation fixed, the total no of unskilled workforce and the average age of the workmen, the nature of the individual's sickness and the impact of his work on it etc., I think no one can give a suggestion that would protect the interests of both.

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