Employee Not Returning After Approved Leave: Should We Mark as LWP or Absconding?

Dear All,

If an employee has applied for 10 days' leave and it was approved by the management, but after the stipulated date of completion, in case he does not report back to the office, should we consider him as LWP/Absconding from that date so that his salary may not be generated?

If we treat this case as LWP and if he has some leave balance, suppose about 10 days on that date, from which date will he be considered as LWP: the date he last served in an organization or the date his leave balance becomes nil?

Could anybody clarify the same?

Regards, Manisha Dham

Dear Manisha, If 10 days' leave has been approved by Management (with pay), then we can consider Leave Without Pay (LWP) after the completion of 10 days. We can issue a show-cause notice as a disciplinary action. Let's see other friends' opinions on this matter.

Glad to meet you, Dear Manisha. I would like to introduce myself first because I am new to this group. I have recently joined an organization. In the above case, after 10 days, we face a loss of pay and are also issued a show cause notice as a disciplinary action.

Thank you,
Sreehari Raju

Hi Runa,

Thanks for your response, but it's not clear to me. Can we show him LWP if an employee has some leave balance in his or her account?

Regards,
Manisha Dham

Hi,

Welcome to the HR group. I have received two replies, one from you and another from Runa. I have the same question for you as I asked Runa. If you could clarify the same.

Regards, Manisha Dham

Hi,

Dear Sir,

If an employee is on approved leave for 10 days, and the leave quota (balance) in their leave (CL/SL/EL), you should mark CL/SL or EL only for that period. Afterward, you can't mark LWP because LWP means Leave Without Pay (the employee is on leave, but the leave balance is not in their account, so you can mark ABSENT because you have not received any approved leave application from the employee.

You should then write a registered letter to the employees:

Dear Sir,

This is to inform you that you were sanctioned leave from [start date] to [end date] and were to report for duty on [return date]. However, you have been absent from your duties from [absent start date] until today without information and without obtaining extra leave sanction.

You are, therefore, directed to report for duty immediately upon receiving this letter and explain the reasons for your unauthorized absence to the satisfaction of the management.

After 10 days, you can send a second letter referring to the first letter's reference number. Additionally, write a letter to the employee referencing both previous letters. Following that, you should send a final/last opportunity, and then you can stop their account.

Thanks & Regards,
Manoj

Hi Manisha,

As per the general norms of companies, any unauthorized absence for 7 or more continuous days warrants a warning letter. If the employee fails to respond to the warning letter within 7 working days, the organization reserves the right to terminate the employee (only if specified in the warning letter).

However, if an employee is absent for 10 days and does not report to work after their leave period, it is advisable to contact the employee at least once. Sending an email to inquire about the reason for the prolonged absence is also recommended.

Whenever an employee takes unauthorized leave, they should be on Leave Without Pay (LWP) status. Any leave taken without authorization is considered absence, not leave.

Thanks

Hi Manisha,

I am extremely sorry. I haven't seen this discussion for a long time. Firstly, confirm with his co-workers and friends regarding any message from him for an extension of leave. If there is no message from him, then give him a call to check whether he is suffering from any kind of trouble.

Thirdly, conduct counseling with him when he rejoins after leave. Make sure his problem is genuine or not. If you find him honest, then give approval for his leave (if he has leave balance).

I wanted to mention that if management approved his leave for 10 days, then we can count his Leave Without Pay (LWP) after 10 days, even though he has balance leaves because he is not coming without giving any intimation, which affects the company's work. In this case, you can issue a show-cause notice or, as Sumit suggested, give him a warning letter.

I hope you understand what I mean to say. If you still have any doubts, feel free to ask me. :)

Dear All,

If somebody is on leave with sanction for 10 days, after which he has no CL/SL, but he has 21 days of PL from last year, can I adjust the extra leaves with these 21 days? If so, for those 10 days that were sanctioned, I will not deduct any salary, but for the days beyond that? Hence, the scenario is 10 days sanctioned and 5 days not sanctioned. I adjust the 5 days with his old PL of 21. Therefore, he has effectively worked only for 15 days. How should the salary be calculated?

Please let me know if you need any further clarification.

Thank you.

Hi,

Please let me know the procedure for handling absences when an employee goes home without informing us and does not report back for up to a year. We have already sent three or four letters regarding their unauthorized absence. What steps should we take next?

One of our employees has been absconding for the past year. Should we remove their name from the muster roll or leave it as is?

Thank you,
Manoj

Dear all,

Although the employee went on ten days' sanctioned leave, if he keeps sending extension letters regularly and returns after eight months with genuine reasons, should the management accept it? By this time, after two months have passed, if the management sends notices to his permanent address but not to his current temporary address, will it be considered valid? Subsequently, the notice is published in local newspapers, and an inquiry is conducted in absentia, resulting in the employee's dismissal. Is this legally sound?

If the employee returns later and initiates a dispute, will he be granted reinstatement of duty? Please provide clarification.

Regards,
Keshava

Clarification on Leave Policy for Specific Roles

Once again, I will clarify. An individual serving in the specified role is not authorized for any type of leave, such as PL/CL/SL, etc. Only four National Holidays under the Act are allowed. When an individual takes any type of leave, including a one-day leave, they must obtain permission, but it will be considered as Leave Without Pay (LWP). Therefore, adjusting advance leave or any other type of leave does not arise.

In the second part, since the individual has not worked as per the Specified Act and has completed more than 48 hours, they are eligible for a Day Off or will be considered as LWP.

Mr. Manoj,

A similar case occurred in one of my previous organizations. It is advisable to consult a labor advocate to ensure all legal steps are completed before termination. This will prove crucial if he decides to take legal action, as the court will acknowledge that the necessary legal procedures were followed.

Thank you.

Leave Policy Clarification

If an employee has applied for 10 days of leave and it was approved by the management, but after the stipulated completion date, he does not report back to the office, should we consider him as LWP (Leave Without Pay) or as absconding from that date so that his salary may not be generated?

In the event we classify this situation as LWP, and if he has some leave balance, let's say about 10 days on that date, from which date will he be considered as LWP – the date he last served in the organization or the date his leave balance becomes nil? Could anybody clarify this matter?

Steps to Follow

Follow the legal steps as per the Act. After the completion of the 10 days of sanctioned leave, on the 11th day, if the employee fails to report for duty without intimation, refer to the Standing Order/Certified Standing Order applicable to the organization. Issue a Show Cause Notice to him, providing him with an appropriate and reasonable time to reply. If the management deems the case genuine, only then can the remaining balance leave/authorized leave be adjusted; otherwise, it will be considered as LWP.

LWP will commence after receiving his reply to the Show Cause Notice and will be effective after his sanctioned leave is completed.

Regards,
Manisha Dham

Dear Ms. Manisha,

If leave is approved and an individual overstays, as per the standing orders applicable to the individual, after 4 days, a letter should be sent to his official address, as per your records and information provided by the individual upon joining duties, asking him to return to duty and provide an explanation.

If the explanation is satisfactory and it is the first instance, you can give him a verbal or written warning, with records of both to be maintained in his individual file, before regularizing his leave. If the explanation is unsatisfactory, then it should be treated as LWP.

Kindly follow the due process as per company policy.

Thank you.

Best regards