How to Handle an Employee's Frequent Unpaid Leave Due to Medical Issues?

Hi,

I have a female employee who has exhausted all her leave and is now taking leave without pay quite frequently by providing medical certificates. (She has taken 45 leaves without pay in the last 6 months.) Her frequent absenteeism is affecting her productivity. I have issued her many memos and built up a case against her. The last time she took leave, I had her examined at another hospital; however, this time, it turned out to be a genuine illness due to her luck. What should be my future course of action?

Thanks

I think you have given enough notice to the concerned. It's high time you take a call and suspend her from services. Before doing so, it would be better if you communicate to her the next course of action for her absence. Pardoning her may set a wrong example for others in the company.

Cheers,
Naveen

Dear Durgesh,

Please specify your industry and area of operation. Also, could you provide information on the medical reasons for which the employee has been submitting medical certificates? Is it due to a prolonged illness or various issues occurring frequently?

Kindly send these certificates for reference checks to your company's doctor, along with a copy of the absenteeism charge-sheet. Before proceeding with her suspension, ensure you follow the procedures outlined in this forum regarding termination and dismissal.

Abhinav Vashisht

You may take the following steps:

1. Arrange for a meeting on performance review with her, her manager, HOD/GM, and yourself.
2. Give sufficient notice to her for this meeting through various means like hard mail, soft mail, and memos, etc.
3. If the person turns up at the meeting, hand over a performance review letter signed by the authorized person, generally the head of HR or authorized admin person of the region, generally the GM. Take a receipt.
4. If the person does not turn up, send by registered post to the residential address and witness the absence by creating a file note. The letter should give a minimum of 3 months' time to review performance, which can also include a termination clause. The letter may be used as a termination with notice if the person's performance does not improve.
5. The key here is to make sure that a "fair" trial is given to the employee, and all documentation is maintained. Principles of natural justice have to be maintained throughout.

I hope this may help.
Joydeep

Hi,

I had a similar case a few days back in my company. This person was absent without information for 5 days initially and then returned with a medical certificate, which we accepted. The second time, he was absent for two days without informing us and repeated the same pattern. On the third occasion, he did not inform anyone. When one of the managers discovered his absence, he inquired with colleagues who mentioned that he was working in the field. The manager waited until evening, but the employee did not return. Ultimately, we had to terminate his employment after verifying the medical certificates with our company doctor, revealing that he was deceiving the company.

Therefore, it is important to verify all details, and if found guilty, you can dismiss the individual.

Cheers,
Archna

Dear Abhinav,

Ours is a manufacturing industry, and she is involved in shop floor assembly. Every time, it is a different sickness.

Thanks for your inputs.

Regards,
Durguesh

If yours is a manufacturing unit, then you may need to issue a charge sheet and conduct a domestic inquiry as per the ID Act. Please seek legal advice.

We have several cases where employee jobs were reinstated because the employer did not conduct the proceedings as per Natural Justice as laid down by the Supreme Court.

-- Joydeep

Hi,

I have a similar problem. We are into quality consulting implementation. One of our employees (a consultant) has been absent frequently, and he said he had a case filed by his wife for dowry. Now his leaves are exhausted, and he has been absent for the last 17 days during which he doesn't attend calls.

We received a leave letter and a medical certificate from an OBSTETRICIAN & GYNECOLOGIST that he was ailing from respiratory problems and also requested leave until he gets cured. This is a significant loss in our productivity. How do I go about with this?