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I am working as an HR Manager ,recently one of my employee who join 2 months back taking too many leaves ,sometimes reason is marriage ,someones death,but from last 15 days he was again on leave saying that he is having Diabetes problem and fever , he is regular update postings on Facebook but not receiving our calls or not replying on mails , I sent him warning mail regarding this then he asking that we are harassing him at work, due to this his problem will again rise and he will case against us.
Can we do some thing against these kind of employees.
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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
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
Dear priynka,
My advise yo you is that in future when ever you seek guidance on some matter, you must mention the complete details about your company/ organization as well about the concerned employee, his position or status, type of work he has been assigned etc.
In your present case, you need to check whether you have some company policy governing the leave, disciplinary action against your employees for availing excess leave without permission or intimation.If there is no policy.You can issue him a letter mentioning that whenever he want to avail leave,he should take prior permission as the work of company is badly suffering because of his intermittent sudden absence from duties.If he claims that he is diabetes,you are within your right to call for the doctor's prescription for your satisfaction. You need to create documentary evidence to terminate his services if he doesn't mend his ways.
BS Kalsi
Member since August,2011
Hello Priyanka,
You can send warning letter to 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.
In case the employee fails to reply on the warning letter you can send at max 2 more warning letters as reminder and if he still doesn't reply then you can terminate him from the services. Because there is no point in investing more time in such cases and meanwhile you can start looking for his replacement.
Please clarify, whether all leaves are approved one or unauthorized one, accordingly take further step
Gd Evening all my Seniors
i think priyanka send a letter for a company letter head by the registred post and give the information
If you don.t give reply with in 7 days than company feel you are not intersted in our organization job
Than we will terminate on behalf of discontinous jobs
Dear All,
Thanks for the suggestion , let me give the details of my company , we are Interior Designers and we have a different team of Digital marketing in which this employee is an content writer ,He is in probation period . I have already sent him an mail of warning , he is replying on all my warning mails , but his phone is switched off and not joining the office. I like the Idea of a doctor in office for his complete check up , is there any policy that company can make a check up through inhouse doctor and we can not consider his reports.
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
leaves are not approved , he just message for the health problem
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
Dear Ms. Priyanka,
In this case, Company have right to take disciplinary action against employee until he justify his state with approved Doctor. But as an HR i suggest you to take the employee for a counseling and try to understand what is the stimulus in absenteeism. Since yours is service industry, which need good Creativity and not a mechanical job. We never get a resource with all quality and We are in successes when will fill the gap between employee and organization. Employee retention is a big challenge to HRD. Every one can terminate an employee but a successful HR only could transform and retain the talents.
All The Best!
Sabir. P. K
I agree with Sabir P K, secondly there is no need of any policy for a in-house doctor medical checkup. You can hire a Doctor and thereafter put a notice on the Notice Board of such in-house doctor facility for consultation. You can send any employee for second opinion or to verify the genuineness of any employee medical report.
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 :)
As a part of Employee Welfare, you can have a doctor and not this purpose alone.
Secondly, you can issue warning, conduct an enquiry, establish the authenticity of medical reasons, provide him an opportunity. If you think the medical certificates are not genuine, you can still go ahead and issue a warning letter stating, leaves are not acceptable on some pretext. And you can also tell him to look out and the best thing is that you should take his resignation in writing.
For further advise if any, feel free to call me on +91 9900638383
And many times, using the same excuse as sickness spoils the work environment which could be explained to him, to take a break and come back after 3 months. And job can be provided at your discretion that time, no compulsion subject to vacancy. Please go ahead with action
thanks for the suggestions ,
As I called him many times but he didn't respond ,only reverting on warning mails and continues saying that we harassing him with the mails . I try to retain him as he is good as a content writer but due to this rest employees in organization will have negative impact.
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 at 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 doctor which has to be verified by another paneled doctor.
None of the company has obligations to keep a person on 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 a polite requests.
Hope this helps.
Dear priynka,
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 ground of unsatisfactory work or conduct rather than a permanent employee.As somebody has rightly suggested that appointing a doctor as a welfare measure will be good step but appointing doctor for particular purpose will be viewed a biased step.
BS Kalsi
Member since August 2011
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