Managing Unplanned Leave: How to Handle an Employee's Unauthorized Absence Request?

punamjyoti
Hi,

I have an employee who called in sick to work and has taken a full week of unplanned leave. He was instructed that he would need to get his medical tests done; however, he did not do so. The following week, he took an additional 2 days of unplanned leave. He had requested 4 days of planned leave for the last week of December, which has not been approved due to his own 7 days of unplanned leave negatively impacting our leave balance. Now, he expects us to approve his 4 days of planned leave as well. If we don't approve it, he mentioned that he would take it anyway without authorization.

Please provide your views and suggestions on how to handle this situation without increasing attrition. Thank you, I appreciate it. Have a great day.
ashish golden
Hi Punam,

If any employee takes leave without prior intimation, you can take action against them. You can issue a show-cause letter or a warning letter.

If an employee resigns without serving the notice period, the employer can deduct the notice period salary from their full and final settlement.

Thanks,
Ashish
7838606486
samvedan
Hello,

Retention may be very important to your situation, but if you ignore belligerent misconduct due to the fear of attrition, you will likely encounter far greater discipline problems in the near future.

Leave is a privilege and not a right. An employee is granted leave because they are employed. Therefore, their primary duty is to diligently fulfill their employment obligations. Leave can only be granted subject to work exigencies, essentially "pre-sanctioned" (excluding emergencies, in which case the organization must be informed promptly).

When leave is sanctioned (pre or post), it is an authorized absence. If an employee enjoys leave without sanction, it becomes an unauthorized absence. The employer's response to any unauthorized absence is initially a wage cut for that day, and the employer also has the option to treat it as misconduct and take disciplinary action.

I understand your predicament in wanting to maintain discipline while avoiding attrition. However, it is not possible, advisable, or practical.

As a compromise, you may call in the concerned individual, formally counsel them about their unauthorized absence and excessive leave, which amounts to indiscipline. Document the counseling session (make a note), have them sign it if possible. If they refuse to sign, ensure that the counseling note, with signatures of all present during the session, is placed in the individual's personal file. By doing this, you can address the immediate situation, but please note that this is a compromise and a way to save face for the management.

For your consideration, please.

Regards,
Samvedan
January 6, 2011

boss2966
Dear,

Please do not encourage unauthorized absenteeism. If any employee is absent due to either overstaying leave or absconding from duty, give them an oral warning and a chance to correct their behavior. If this behavior is repeated multiple times, please issue a Show Cause Notice, detailing the act of indiscipline and explaining why necessary disciplinary or administrative action may be taken against the employee.

If the employee's response satisfies the management's requirements, you may regularize the leave, or you can initiate appropriate disciplinary or administrative action as deemed suitable.

Being lenient now may lead to consequences in the future. Be cautious.

S. Bhaskar
9099024667
samvedan
Hello, I didn't respond to this. If the employee is prepared to resign from his employment but would want the notice period to be waived, I strongly recommend that you accept this proposition. Terminating his employment will require some effort, and you will still be vulnerable to legal issues. Your concerns about attrition will also be alleviated.

The cost of waiving the notice period is insignificant compared to the advantages you will gain.

Regards,
Samvedan
January 6, 2011
boss2966
Instead of termination, where you have to pay all the benefits to the employee, consider accepting the resignation letter. This way, the company will benefit financially. When issuing the Relieving Order/Service Certificate, please make sure to include feedback on the employee's general behavior/conduct and highlight their attendance record.

With warm regards,

S. Bhaskar
9099024667
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