Labour Law & Hr Consultant
Insolvency N Gst Professional

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I am facing an issue with a female employee, she is in a habit of taking too many leaves because of her medical condition (heavy flow in mensuration), she tends to exhaust her SL and CL within 6 months and then she takes Leave without pay. This is being in practice from few years and has become a habit for her. When I confronted her related to the same, it came to light that she has last consulted a doc 2-3 years back and is not on any medications as such. I told her to get a medical checkup done and submit the reports and also, I have told her to keep a track of her leaves. She has also been informed that keeping in mind her previous leaves records her LWP won’t be approved and can be considered as absenteeism and management can take an action against her. Now, can we take an actions against an employee on medical grounds, I know we can’t fire an employee on medical reasons but is there any other option available to tackle this situation as I don’t see any changes in her behavior even after the discussion.

From India, Jaipur
Dear Spriha, If you suspect that any leave on LOP applied by her in future on medical grounds is fake, better refer her case to a Medical Board.
From India, Salem
Advice of learned member above is correct.
Once you get a clear independent medical report, then you arrange for the employee to be counselled regarding her frequent absences,document it and give her a chance to improve.
If after this employee fails to change herself,then action of termination can be considered.
You need to build up a documented history of unauthorised absences, counselling,then docks are clear for action.
Once employees knows that employer is serious,either they change/improve or leave on their own.

From India, Pune
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