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Dear Seniors,
I am working as a Senior HR Executive in a small size IT company and there is a case where one of our senior employee is on an indefinite leave for a medical treatment as he is suffering from a serious chronic disease. As of now he has utilized all his leave for which he is entitled for this financial year and has an LOP for the month of August (we do not want to do LOP for the month of August on humanitarian grounds) but, how to account his leaves for the rest of the financial year which we are not sure about. His absence to work will also impact on the operational issues at office as he is the only person who was taking care of system administration work. Please throw some light on how to address this issue. Also, please let me know if any statutory compliances (rules and regulations) to be followed by the company in this situation.
Thanks and regards,
Pavana Y.J.

From India, Bangalore
Hi Pavana,
When the employee is absent beyond his leave entitlement the same will be considered as leave without pay irrespective of reason for absence. How long it would take for the employee to report back?. Please find out the same. Say if it would take six months time frame then based on Employer choice, if Employer is willing to accommodate him then consider the period as " Break-in-service" which means employee will continue to be on payroll, Emp No, PF number will continue, however employee will not be eligible for any salary,leave accumulation or any other benefits. All statutory contribution has to be marked '0". For this Break-in-service please collect a request letter from the employee mentioning some dates(From__ To___)
Once the employee resumes back to office then you can make him eligible for salary and benefits from the effective date of reporting back to work.
On the other hand if it is pro longed illness where the employee is not sure of his resuming back to work, talk to the employee, explain him the situation how Employer find it difficult to manage in his absence etc and then collect resignation letter from him and close the file. Based on his years of service, you may collect some contribution from employees with employer contribution and hand over the cheque to him along with his Full and final Settlement.
Employer cannot keep open the position for long months /years as the employer is running business.

From India, Madras
Another option available as a last resort, is that, that you may direct him to appear before a medical panel constituted , in Government Hospital, for medical fitness. On the basis of medical report you may decide his case.
From India, Madras
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