Can We Terminate an Employee for Extended Absence and What About Their Last Month's Salary?

Dear All,

One of our employees took leave from his reporting officer for a month. After the completion of the month, that employee neither joined his services nor communicated with the company regarding this matter. As per our company procedure, we have already given him three notices for prolonged absence.

Now, we would like to inquire if we can terminate this employee for this cause. If yes, would he be liable for the salary of that one month during which he was on leave? Despite his commitments to rejoin his duties, he failed to do so.

Please advise.

Thanks,
Manish

Dear Manish,

You can send a termination letter to his communication address stating the organization's losses due to absenteeism and attach all three warning letters/notices. Please also attach a copy of the appointment letter (which was issued to him at the time of joining). I hope your appointment letter contains a clause related to prolonged absenteeism without information. The "no work = no pay" rule should be followed here as he is absconding from his duty and has not replied to your warning letters.

Best Regards,

Global Overseas - New Delhi Office
Mohammad Sajid Ansari
9899775578

Before terminating him, please offer him an opportunity to be heard. For that, send a show-cause notice to his residential address and call for his explanation. If he does not reply, send another letter. If required, conduct an inquiry. In that inquiry, you can state that he was a habitual absentee. The warning letters given to him will be taken as evidence, and based on the inquiry, you can terminate his service. On the other hand, if he is terminated straight away, he may claim reinstatement. If the court finds that the employee was not offered an opportunity to defend his charges, the court may direct reinstatement with back wages.

If he was on leave until a particular date and has since been on unauthorized leave, you can withhold the salary for the leave period as well. But before doing so, you should send a letter. In the same letter, calling him to explain why disciplinary action should not be initiated against him, you can mention that his salary for the leave period would be withheld until a decision is made.

Regards,

Madhu.T.K