Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Rkn61
Hr Manager
KK!HR
Management Consultancy
Glidor
Hr Consultant

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Hi i am an HR want a clarification can we ask a employee to leave our organisation if she was on unapproved medical leaves for 6 days & not able to submit any documents for the same?
From India, Ahmedabad
As a general practice followed in companies, sick leave can be availed without any medical certificate for maximum of two days. If the period of leave is more than 2 days, leave application need to substantiated with a medical certificate, duly signed and sealed by a registered medical practitioner.
Please tell us about the cadre of employee (his/her designation) , whether he/she is covered under ESI or not, to enable us to give suitable reply to your query.

From India, Aizawl
Hi Radhakrishnan Nair, Thank you so much for your response. She is under ESIC but have checked with her she is not even able to submit basic medical documents.
From India, Ahmedabad
Dear Megha,
I am unable to think that it is a good HR practice to ask the employee to leave the job just because she failed to submit medical certificate substantiating her leave of absence of six days on alleged medical grounds. At the most you can refuse to sanction the leave applied for and treat the absence as LOP and warn her severely.

From India, Salem
It's in practice ML/SL can be availed on submission of an application even without formal certificate. And when the employee rejoins after expiry of leave he/she should submit the MC together with a fitness certificate or both combined in one certificate. If he/she's not able to submit, the HOD/HR should go by the Leave policy/SO of the estt. to proceed further as stipulated in the matter. Failure to submit can be dealt as suggested by Mr.Umakanthan. Relieving her for alleged noncompliance is a harsh action at the first occasion.
From India, Bangalore
I am endorsing the views expressed by Mr. Umakanthan and Mr.Kumar.
It is not a healthy HR practice to ask the employee to leave the organization, just for the
reason that he/she failed to submit MC.
Please demand him/her to submit MC with clear indication to him/her that failure to submit the
MC shall lead to proportionate salary deduction.

From India, Aizawl
Hi Umakanthan,
Thank you so much for your kind suggestion but in this particular case the candidate suddenly stopped coming to the office & manager tried to reach her out several times but no response received from her side.
Then we put her salary on hold & suddenly after knowing that she texted me that i was not well she came office we had words i asked her that you were absent since last 6 days officially we tried to get in touch with you but its fine if you can submit your Medical documents i can do something for you.
Basically what we observed that she came only bcz her salary was on hold else she went absconding so now what should i go with?
If she fails to submit should i send her termination ??

From India, Ahmedabad
If the employee has failed to submit medical certificate then it is a case of malingering (meaning pretend to be ill in order to escape duty or work) at best and action can be taken. If she continues to be on unauthorised leave, then the matter is more serious and action can be initiated against her. The type of action would depend on the Rules applicable. Going straight to termination will not be correct and proper. In case there are no proper rules, you may issue her a show cause notice as to why the punishment of termination of service be imposed for malingering and unauthorised absence. Considering her reply, you can impose suitable punishment including termination of service.
From India, Mumbai
Hi Megha,
Why don't you refer your SO or leave rules or Conduct & Discipline rules, what does these say about such a situation? It's obvious she didn't report to ESI dispensary, if so ML can only be from other govt. or pvt.med.practitioner. Is your firm regd.under Shops & Com.Estt Act ?
Is she in attendance now or stopped coming to office?

From India, Bangalore
@Loginmiraclelogistics Thanks !!
No she is not coming from yesterday again she just came for a single day & the company deals in KPO & BPO sector & i joined this company recently & came to know that the company is not having any specific rules for such cases, that's the reason i need a support who can guide me on legal basis.
I even need support in making such policies, any suggestions would be appreciated.

From India, Ahmedabad

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