Sr. Hr Executive
Retired Government Servant/advocate
Nagarkar Vinayak L
Labour Law Advocate
Vaishalee Parkhi
Hr Consultant & Trainer
Komal A. K
Hr Executive

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In my office two employees are taking leaves frequently. According to company rules we allow only 1.5 leaves in a month, but they take more than 5-7 leaves. verbal and final warning already issued. they are repeating same thing from past 3 months.
Our company is startup and we don't want to reduce company strength by terminating these two employees.
please suggest what we should do?
Komal A. K
HR Executive

Dear Komal,
Some times harsh decisions has to be taken by the management to create a discipline within the company. You can try to counsel them and if not listing then you can suspend them for a week after proper inquiry. If then also there is no improvement then you need to terminate those employees as if you don't then it will create an bad impression on other employees mind and may create really big problem for the company in future.

Dear colleague,
If after verbal and written warning they are not improving, suspend them without salary for minimum 1 to maximum 4 days gradually for each next occasion of unauthorized absence ( remaining absent without prior permission or intimation) in excess of 1.5 days in a month as per your rule. If they do not improve, they are not fit for any organisation.
V.L. Nagarkar

Sanction of leave is at the discretion of the employer/ competent authority. Leave may be refused and show cause notice could be issued.
Leave is to be provided as per the rules/ law of the land and not on the individual rules of any company.
However, it is the discretion of the management whether to grant a leave or not. In case an employee is taking unauthorised leave/ absenting without permission, then you can issue him a charge sheet/ show cause notice and initiate a domestic enquiry.
You may also give warning letters. But if you do not take any strict step (i.e. terminate by following proper procedure) then I do not think that employees will rectify their behavior.

Hi Komal,
I suggest to have a friendly talk with these employees first to know the reason behind their frequent leaves. Is there any family reason, sickness, casual reasons or anything else ? Explain them their performance and contribution is being helpful. However, it will be consistent only when their attendance will improve. Give them a chance to rise up to the expectation. If no improvement after verbal or written reminders / warnings, go for a strict action.
Suggest, although its a start up organization, frame up few basic rules from HR point of view and put up a circular. It won't be so smooth otherwise.
Hope it helps!

Hi Vaishalee Parkhi, We already had a friendly talk with them 2 times, casual verbal warning was also given. one of employee’s Reasons were to confusing ( doubt type of employee).
Hi Komal,
You also make a rule for improving these type of employee absenteeism if employee take more than 2-3 leaves in a month without prior information, they will have to pay two days salary as a compensation for one day. May be it will work because money makes a matter a lot.
hope it helps.

Hi Komal,

Bottom line, you have taken all the possible steps to convince them / warn them about attendance. Now, think something different.

As you mentioned your company doesn't want to loose them, taking the point positively as suggested by Mr. Gupta above, introduce the 'Attendance Bonus' (nominal amount of Rs. 500 - 1,000 etc.) which will be apart from the salary. The eligibility criterion should be attending all days in the month - except weekly offs, not a single leave (even though sanctioned) should be allowed. May be, it will motivate these employees. If not immediately, at least they will positively think about the scheme. Money matters!

Your company being a start up would have few employees, right ? So it won't cost much to the company. Talk to your management about it.

If not feasible, take the strict action as rightly suggested by the Seniors above.

As a last chance, start looking for potential candidates /replacements for them if you see no positive change is taking place.

You can e-mail them an official mail stating that they will be terminated in case the repeat the same without any notice.
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