Dear All,
I have a senior employee, who had some medical emergency and took one month leave. He rejoined and its been 2 months, but his performer is not up to the mark. We are in plan to ask him to leave but is there any policies where we can't ask him to leave after ML for some duration or any. Looking for some valuable suggestions !
Thank You,

From India
If that particular employee is good performer why not provide him some more time to prove. How long he is in the services of your Company. You have not mentioned about it.
I would suggest you to talk to the employee discuss with him the performance issues. Listen to his feedback. Set some reasonable time frame for him to perform. Make it clear to him that in case of non performance within the stipulated time frame he need part ways. Document it and get it signed by him.
In case of non performance further you can encourage him to submit resignation and relieve properly.

From India, Madras
Dear Preethi,
It is obvious that there would be impact on performance when one is recovering from sickness. This change in performance is for a temporary period. During this period management has to take care of the employee to recover but not that to remove from the job. Do you sure that the person on replacement would able to give delivery up to your expectation from day one? It is completely wrong, if you are thinking so.
You simply can not terminate one as per your wish or whim. You need to follow the rules for termination to keep safe from legal angle.

From India, Mumbai
What I get from the issue explained by you is that the employee's under performance is resulting in his termination not medical leave.So lets clear this thing first...termination of the employment should be according to the agreed conditions stated in the contract.When a contract is prepared its prepared keeping in consideration different employment laws and organization's concerns.So you need to refer to the respective employees contract for the purpose.Also, if the employee was a good performer before the medical issues, you need to provide him with time , help and counselling ...this could really help.Because old good performing employees are a valuable asset of an organization and it takes time and risk to hire a new one at his/her place.
Good Luck :)

From Pakistan, Islamabad
If this is to be taken on a strictly legal note, my advice would be not to proceed on exiting the employee.
It would have to be inquired on whether the reason for non-performance is attributed to any consequence of the medical condition that the employee had been facing. If it is, then the employee can be sent on medical leave again providing him to take treatment and recover fully.
If the reason for non-performance is proved as not related in any way to the medical condition, and if all procedures for performance improvement have been taken by the company then there is the scope for exit proceedings. But the possibility is that in such a short period of time from when the employee has returned from medical leave, it is unlikely that all performance improvement plans have been completed.
So, it would be advisable not to proceed at this point for exit.

From India, Bengaluru
Hi All,
Thanks for the valuable feedback !
It's my first post in CiteHR, never expected will get a such a good responses. I am sorry, i forgot at mention, "The Employee joined 1st Apr 2018, from Aug 2018 he was not performing well. That issue was there, as he was reference from our senior Manager we have not taken any decision, now in Feb 2019 availed medical leave for a month. After rejoining performance level is same as before"

From India
Dear member,
You say that the employee joined in Apr 2018 and from Aug 2018 he started underperforming. But then after Aug 2018, did you issue him any warning letter or show cause notice or not? What kind of documentation do you have?
He availed of a month's medical leave in Feb 2019. His performance remained subpar after resuming his duties also. Again have you issued him any show cause notice or a warning letter? What documentation have you done?
If you do not have any documentation, then issue him show cause notice and ask explanation for his underperformance. Whatever his defence (reply) may be, issue him a warning letter and state clearly the date by which he should improve the performance and if not improved then administration of your company reserves the right to terminate his services. If the performance is not improved even then also, conduct the domestic enquiry and check him out.
By the way, you wanted to take advice from the seniors yet wanted to maintain anonymity. Propriety demands disclosure of your identity. Your case is not that serious that merits withholding of your name.
Dinesh Divekar

From India, Bangalore
The concerned employee as mentioned, had joined the company in April 2018. During this period he must have been on probation for a specific period (3months,6 months,1 year) I believe in which case definite action could be taken as his performance was not satisfactory.
In case no mentioning of probation is there in the offer letter, 2/3 letters should have been issued asking about his under performance which should be the records for taking any drastic action if any.
Before asking him to leave, you need to justify your action .

From India, Bhubaneswar
Hi! herewith my 2 cents opinion.
Perform > Keep > Develop > Reward > Benefit > ROI
Not perform > Train > Set duration > Set Target < Performance Improvement Plan (PIP)
Target achieve > Keep > Develop
Target not achieve > Details report & document > Explain > Set duration to leave > Set last date
Avoid 24 hours notice termination.
Give reasonable date and time.
The Consultant

From Malaysia, Kuala Lumpur

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