Dinesh Divekar
Business Mentor, Consultant And Trainer
Rdsyadav
Educator, Management Consultant & Trainer
+1 Other

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Respected All,
We have an IT Company & I have an query related to rudeness of a female employee . There is one couple in our IT department (Male- iOS developer, Female- Graphic Designer). Both of them are having unplanned leaves on same day from past 1.5 year. Our company didn't said anything from past 1.5yrs but few days before on 27th Jan'17, iOS developer was absent due to health issue of his sister. He called to HR manager & said he won't be available and his girlfriend will also not come. On the next day when management asked to girl why were u absent then she simply replied to HR Manager that i will take leaves its my right and u guys cannot bound us in a very rude way.
Kindly suggest is there any action should be taken by the management?
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Dear friend,

Before giving comments on the incident, we need to know few things about the employee leave. Do you have well-documented Policy on Employee Leave? If yes, then has it been communicated properly and how the leave account is maintained?

Generally, employee is expected to route his/her leave application through the reporting manager. HR does not intervene as long as reporting manager sanctions the leave. On receipt of the leave application, duly approved by the reporting manager, HR's job is to maintain the leave records. If the leave is not sanctioned, then it becomes Leave Without Pay (LWP). Is this procedure followed in your company? Matter comes to the level of HR when there is absenteeism.

Leave is privilege and not entitlement this axiomatic statement is included in the policy on employee leave in many companies. It appears that the woman employee is not aware of this maxim. Out of her unawareness, she felt that HR does not have locus standi in the grant of her leave.

The incident calls for overhaul of policy on employee leave. Employees must be told what is their authorisation and what is the entire process. Sans this official communication, incident like this could recur in future too.

Thanks,

Dinesh Divekar
Dear Anonymous,

Matter has taken shape of indiscipline caused by both employees. They have been deliberately disobeying employment rules.In dealing with employees misbehavior, disciplinary matters and welfare concerns HR managers should be also prepared to handle with authority and sanction in case situations is unexpected turning averse.In the instant case HR manager got unacceptable reply from the lady who behaved rudely.Such situations before HR is also inevitable but HR head need to handle issues without any delay at that very moment.I want to emphasis that HR need to see her absence as secondary, while the rude reply and challenging HR that she will be on leave / again remain absent which is her right, has become top priority,is more serious, grave and unpardonable. Its spread will cause immediate danger to general work environment across organization and it can not be allowed also.HR do often encounter such verbatim and they do control,take actions which is a part and parcel of his duties, otherwise, state of affairs inside organizations will be as such not conducive?Discipline is top most priority over productivity need to be adhered by enforcing rules and corrective measures.I suggest call for explantaion from both, see what they write, If mistake is accepted ,HR need to afford this by providing opportunity over a written warning letter to improve upon , else, they both should be suspended for 2-3 days as punishment.

RDS Yadav
Thanks for the reply...but our leave policy is that any employee can avail only 1 leave in a month but both the employees had taken 4 leaves in a month without any prior information. Management always provided them a favour but now they are misbehaving. They don't have any right to take more than 1 leave as mention in our company policy.
Dear Anonymous,

On this SECOND very issue, I should advise you to make few corrections.See, leave application can be either approved or rejected but not both things at any time. Some body though has leave in balance, his proposed leave can be refused if it is not as per rules or persons is habitual in taking leave whenever you have planned some work.Leave can be refused due to exigencies of work also . Its to be taken like " learn to say No " also.If you are not refusing, you are paying salary for the particular day(s) and objecting also this means you are simply approving leave.Mr. Dinesh Divekar has very well explained about the policy making .

ANOTHER IMPORTANT ASPECT IS ADMINISTRATION OF LEAVE POLICY AND ATTENDANCE AS SYSTEM.

If, some employee has already availed leave but without prior sanction/ information/ approval, the days should be marked absent .Not doing so, its lapse on the part of HR/ organization.Let him or her present justification/ evidence for absence and thereafter action of approval/ refusal to be taken only on merit basis.

Regds,

RDS Yadav
Dear Annonymous,

Does the appointment Letter duly

Signed by both of them contain the

Clause of leave policy stated that employees can avail one leave in month with prior intimation or with out prior intimation if any. Since they have avail the four leave without the prior intimation is amount to voilation of leave policy Hence write the Letter to both of them seeking the written explanation & cause of voilation of leave policy however if leave was availed for reasonable cause or in emergency the documentary evidence have to produce by concern employee for the same. The Lady who has misbehaved with HR that you guys cannot bound us by this very rude way availing leave is my right. The question arise what was terms & conditions of appointment letter/ agreement of her employment does her appointment letter empower to avail the leave any time without any prior intimation. issue her the copy of appointment letter and terms thereof duly signed by her. Ask her to read the clause of leave policy carefully which was accepted by her. One side she has clearly voilate the leave policy and another side misbehaved with HR frankly speaking Misbehaved with anyone irrespective of designated is serios

misconduct therefore disciplinary action need to be taken against Her. Seek written explanation in order to

Know the cause of Misbehaving and avaling the unauthorized leave if she accept her fault give her chance simply issue the warning letter not to commit the same in future?

Thanks & Regards

V SHAKYA

HR & Labour, corporate Laws Advisor
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