Retrenchment Dilemma: How to Handle an Employee on Fake Medical Leave?

Dear All,

Could anyone explain to me about the retrenchment of an employee who is on fake medical leave?

Thanks & Regards,

omc

Hi,

Retrenchment is a different procedure altogether and has no relevance to an employee being on fake medical leave. If you are thinking of terminating the services, kindly follow the procedure as outlined below:

1) If it is proven by records/witnesses that the employee is on fake medical leave or feigning sickness, issue a letter to appear for a medical examination before the panel/doctors decided by your company.

2) During the examination, the claim of sickness, along with any supporting documents submitted by the employee, can be verified, and a written opinion from the doctors/panel can be obtained.

3) Based on the above, issue a show-cause notice and proceed with disciplinary actions such as an inquiry, a second show-cause, and termination.

4) Alternatively, if the employee is not a workman under the ID Act, you can immediately ask him to report for a medical examination, and upon finding his claim of sickness to be false, issue a letter of termination.

5) If the employee is not a workman and does not appear for the medical examination, you may send a termination letter to his permanent address with specific justification for termination.

Kind regards,

Dayanand L. Guddin

Dear,

I would also like to support the opinions/comments given by Mr. Dayanand. If the concerned person is not a workman under the ID Act, then you should also go through the appointment letter issued by you before termination.

With Regards,
R.N.Khola

Hi,

One suggestion further to the suggestions given is that if the employee is covered under ESI, then you may refer his case to the medical board and get their opinion. Remember that the removal of a person on the grounds of continued sickness, if they are covered under ESI, should be subject to the appointment letter clause regarding this or the clauses in the certified standing orders of the company, if any.

For clarity on this subject, please refer to regulation 98 of the ESI Regulations.

Regards