One of our employees is a frequent absentee. He was absent for 60 days without any information and we have sent not reporting to duty letter to his residence, asking him to report to duty. He reported to duty saying he was under treatment for Epilepsy and submitted the medical certificate. He requested to give light job which was recommended by the Doctor. We also agreed and give light job as requested by him, but again, he continues to absent for work. We have decided to proceed disciplinary action against him. Is it right that we can proceed against him. Please suggest.
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Dear Arunkumar
If the employee is of 'workman" category - proceed with disciplinary procedure -by issuing him show cause notice for absenteeism, issue charge sheet and conduct an inquiry. If the employee is able to prove in an inquiry that he is genuinely sick and hence he is required to take leave very often, follow the procedure mentioned here below. Let the inquiry report reflect the same that employee remains absent and he has submitted that he suffers from prolonged sickness and he is not able to cope up and is unable to resume and assume his regular duties.
1) First ask him to consume all leaves (if at all there is balance)
2) Grant him special sick leave (with or without wages) with condition that on humanitarian ground you are being provided special sick leave
3) After giving him adequate time period to recover -get doctor's opinion treating as well from other specialist doctor about chances of him being recovered
4) If the sickness persists and he remains absent issue him a note mentioning all details of absenteeism and the opportunities given by the company for proper treatment and recovery, also mention that due to his absence company suffers loss of profit and productivity hence it has been decided to terminate his employment as per clause..of the appointment letter.
5) Give him notice and settle the account on the same day of his termination
This procedure is to be followed when the employee is "Workman"
If employee fails to produce documents in support of his prolonged sickness - and charges of absenteeism are proved, take punitive action as per SO. Pl note unless and until the absenteeism is gross and habitual the punishment of dismissal will be deemed inappropriate.
If the employee is not a workman - you can simply terminate the employment after giving reasonable time for treatment and recovery by issuing notice, however here please check your company's policy and past precedence.
Shailesh Parikh
99 98 97 10 65
Thanks for your suggestion sir.
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