I am working as an HR Manager. Recently, one of my employees who joined 2 months back is taking too many leaves. Sometimes the reason is marriage or someone's death, but for the last 15 days, he has been on leave again, citing that he is having diabetes problems and fever. He is regularly updating posts on Facebook but is not receiving our calls or replying to emails. I sent him a warning email regarding this, and then he accused us of harassing him at work, stating that this situation will worsen his problems, and he will file a case against us. Can we take action against these types of employees?
From India, Delhi
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2From India, Delhi
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You better initiate the disciplinary action, Send a letter to him for joining the duties immediately by registered post. Even if not responding you can terminate him
From India, Bangalore
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From India, Bangalore
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just send a letter to him that company has appointed a Doctor to checkup your medical problem so to justify your medical leave, meanwhile mark him absent. shashi pandey
From India, Lucknow
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From India, Lucknow
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Dear Priyanka,
My advice to you is that in the future, whenever you seek guidance on a matter, you must mention the complete details about your company/organization as well as the concerned employee, his position or status, and the type of work he has been assigned.
In your present case, you need to check whether you have a company policy governing leave, disciplinary action against employees for taking excessive leave without permission or intimation. If there is no policy, you can issue a letter stating that whenever he wants to take leave, he should obtain prior permission as the company's work is suffering due to his sudden, intermittent absences from duties. If he claims to have diabetes, you are within your rights to request the doctor's prescription for your satisfaction. You need to create documentary evidence to terminate his services if he does not improve his behavior.
BS Kalsi
Member since August 2011
From India, Mumbai
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My advice to you is that in the future, whenever you seek guidance on a matter, you must mention the complete details about your company/organization as well as the concerned employee, his position or status, and the type of work he has been assigned.
In your present case, you need to check whether you have a company policy governing leave, disciplinary action against employees for taking excessive leave without permission or intimation. If there is no policy, you can issue a letter stating that whenever he wants to take leave, he should obtain prior permission as the company's work is suffering due to his sudden, intermittent absences from duties. If he claims to have diabetes, you are within your rights to request the doctor's prescription for your satisfaction. You need to create documentary evidence to terminate his services if he does not improve his behavior.
BS Kalsi
Member since August 2011
From India, Mumbai
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Hello Priyanka,
You can send a warning letter to the employee asking him to submit the medical certificates and test reports. Also, mention in the letter that in case he fails to submit the necessary medical proofs, his leaves will be considered as LWP, i.e., Leave without pay, and this amount will be deducted from his current month's salary.
If the employee fails to reply to the warning letter, you can send a maximum of two more warning letters as reminders. If he still doesn't reply, then you can terminate him from the services. There is no point in investing more time in such cases, and meanwhile, you can start looking for his replacement.
From India, Gurgaon
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You can send a warning letter to the employee asking him to submit the medical certificates and test reports. Also, mention in the letter that in case he fails to submit the necessary medical proofs, his leaves will be considered as LWP, i.e., Leave without pay, and this amount will be deducted from his current month's salary.
If the employee fails to reply to the warning letter, you can send a maximum of two more warning letters as reminders. If he still doesn't reply, then you can terminate him from the services. There is no point in investing more time in such cases, and meanwhile, you can start looking for his replacement.
From India, Gurgaon
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Please clarify, whether all leaves are approved one or unauthorized one, accordingly take further step
From India, Ahmadabad
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From India, Ahmadabad
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Good evening all my seniors,
I think Priyanka sent a letter on the company letterhead via registered post providing the information. If you don't reply within 7 days, the company may perceive that you are not interested in the job opportunity within our organization. Consequently, we may have to terminate your employment due to job discontinuity.
Thank you.
From India, New Delhi
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I think Priyanka sent a letter on the company letterhead via registered post providing the information. If you don't reply within 7 days, the company may perceive that you are not interested in the job opportunity within our organization. Consequently, we may have to terminate your employment due to job discontinuity.
Thank you.
From India, New Delhi
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Dear All,
Thank you for the suggestion. Let me provide details about my company. We are interior designers and have a dedicated team for digital marketing, including this employee who is a content writer. He is currently in the probation period. I have already sent him a warning email, and he continues to respond to all my warnings. However, his phone is switched off, and he is not coming to the office.
I am considering the idea of having a doctor in the office for a complete check-up. Is there a company policy that allows for check-ups by an in-house doctor, and can we disregard his reports?
Thank you.
From India, Delhi
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Thank you for the suggestion. Let me provide details about my company. We are interior designers and have a dedicated team for digital marketing, including this employee who is a content writer. He is currently in the probation period. I have already sent him a warning email, and he continues to respond to all my warnings. However, his phone is switched off, and he is not coming to the office.
I am considering the idea of having a doctor in the office for a complete check-up. Is there a company policy that allows for check-ups by an in-house doctor, and can we disregard his reports?
Thank you.
From India, Delhi
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Dear Piranka You have to give him show cause notice with regst post, and asked him to joined duty with a particular date, after that date you can terminate him. Harish Rawat
From India, Noida
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From India, Noida
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leaves are not approved , he just message for the health problem
From India, Delhi
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From India, Delhi
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Thanks Harish I just mail him for the in house doctor check up ,and if he will not able to come , i will terminate him
From India, Delhi
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From India, Delhi
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Dear Ms. Priyanka,
In this case, the company has the right to take disciplinary action against the employee until he justifies his state with an approved doctor. However, as an HR professional, I suggest you take the employee for counseling and try to understand what is causing the absenteeism. In a service industry like yours, creativity is essential, and it is not merely a mechanical job. It is rare to find a resource with all the necessary qualities, but success lies in bridging the gap between the employee and the organization. Employee retention poses a significant challenge to HRD. Anyone can terminate an employee, but a successful HR professional can transform and retain talents.
All the best!
Sabir. P. K
From India, undefined
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In this case, the company has the right to take disciplinary action against the employee until he justifies his state with an approved doctor. However, as an HR professional, I suggest you take the employee for counseling and try to understand what is causing the absenteeism. In a service industry like yours, creativity is essential, and it is not merely a mechanical job. It is rare to find a resource with all the necessary qualities, but success lies in bridging the gap between the employee and the organization. Employee retention poses a significant challenge to HRD. Anyone can terminate an employee, but a successful HR professional can transform and retain talents.
All the best!
Sabir. P. K
From India, undefined
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I agree with Sabir P K. Secondly, there is no need for any policy for an in-house doctor medical checkup. You can hire a doctor and then put a notice on the notice board of such in-house doctor facility for consultation. You can send any employee for a second opinion or to verify the genuineness of any employee's medical report.
From India, Ahmadabad
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From India, Ahmadabad
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Hi Priyanka,
Sending out a registered post is the right thing to do so that you can get an acknowledgment. Later, you can terminate him, stating that he did not report to duty even after sending a registered post. Legally, you will not have any problem. On a personal note, a person who threatens that he will put a case will not put a case. :)
From India, Bangalore
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Sending out a registered post is the right thing to do so that you can get an acknowledgment. Later, you can terminate him, stating that he did not report to duty even after sending a registered post. Legally, you will not have any problem. On a personal note, a person who threatens that he will put a case will not put a case. :)
From India, Bangalore
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Hi,
As a part of Employee Welfare, you should have a doctor, but not for this purpose alone.
Secondly, you can issue a warning, conduct an inquiry, establish the authenticity of medical reasons, and provide him with an opportunity. If you suspect that the medical certificates are not genuine, you can still proceed and issue a warning letter stating that leaves are not acceptable on false pretenses. Additionally, you can advise him to be cautious, and it would be best to have his resignation in writing.
For further advice, feel free to call me at +91 9900638383.
From India, Bangalore
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As a part of Employee Welfare, you should have a doctor, but not for this purpose alone.
Secondly, you can issue a warning, conduct an inquiry, establish the authenticity of medical reasons, and provide him with an opportunity. If you suspect that the medical certificates are not genuine, you can still proceed and issue a warning letter stating that leaves are not acceptable on false pretenses. Additionally, you can advise him to be cautious, and it would be best to have his resignation in writing.
For further advice, feel free to call me at +91 9900638383.
From India, Bangalore
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And many times, using the same excuse such as sickness can disrupt the work environment. This could be explained to him, suggesting he take a break and return after three months. A job can be offered at your discretion during that time with no obligation, subject to availability. Please proceed with the necessary actions.
From India, Bangalore
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From India, Bangalore
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Thanks for the suggestions.
I called him many times, but he didn't respond. He only reverted on warning emails and continues to say that we are harassing him with the emails. I tried to retain him as he is good as a content writer, but due to this, other employees in the organization will have a negative impact.
From India, Delhi
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I called him many times, but he didn't respond. He only reverted on warning emails and continues to say that we are harassing him with the emails. I tried to retain him as he is good as a content writer, but due to this, other employees in the organization will have a negative impact.
From India, Delhi
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Priyanka is fearing the harassment case against the company by this employee.
The thumb rule is to send 3 warning letters via registered post for reporting back or replying back with the firm date of joining. Post that a termination letter if he does not respond or give a date of joining. The person cannot go legal with this, rather the organization will have a strong point even if he is planning to do that.
Facebook post should not bother you because it is his personal life. You need proof. For that, you can also seek a prescription by a doctor which has to be verified by another paneled doctor.
None of the companies have obligations to keep a person on the roll for a longer time if he/she is sick. None are doing charity and hence it is not a case by any means.
You may cite all other suggestions given, i.e., a company doctor, etc., to bring in his attention.
Your letters should not have harsh words but polite requests. Hope this helps.
From India, New%20Delhi
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The thumb rule is to send 3 warning letters via registered post for reporting back or replying back with the firm date of joining. Post that a termination letter if he does not respond or give a date of joining. The person cannot go legal with this, rather the organization will have a strong point even if he is planning to do that.
Facebook post should not bother you because it is his personal life. You need proof. For that, you can also seek a prescription by a doctor which has to be verified by another paneled doctor.
None of the companies have obligations to keep a person on the roll for a longer time if he/she is sick. None are doing charity and hence it is not a case by any means.
You may cite all other suggestions given, i.e., a company doctor, etc., to bring in his attention.
Your letters should not have harsh words but polite requests. Hope this helps.
From India, New%20Delhi
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Dear Priyanka,
You have clarified that the person concerned is on probation. You can check the terms and conditions of his appointment or the company rules. It is easier to terminate a probationer on the grounds of unsatisfactory work or conduct rather than a permanent employee. As somebody has rightly suggested, appointing a doctor as a welfare measure will be a good step, but appointing a doctor for a particular purpose will be viewed as a biased step.
BS Kalsi
Member since August 2011
From India, Mumbai
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You have clarified that the person concerned is on probation. You can check the terms and conditions of his appointment or the company rules. It is easier to terminate a probationer on the grounds of unsatisfactory work or conduct rather than a permanent employee. As somebody has rightly suggested, appointing a doctor as a welfare measure will be a good step, but appointing a doctor for a particular purpose will be viewed as a biased step.
BS Kalsi
Member since August 2011
From India, Mumbai
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DISCIPLINARY ACTION.ppt
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