How Should I Handle Employees Who Claim Illness but Have Absconded? Need Help with a Letter

I am working as an HR in a startup company, and there are a few employees who have absconded from the services, claiming they are unwell due to an accident and have also taken their salary. Now, I need to send them a letter stating to report to duty immediately, or else we will take legal action. I would be grateful if you could draft a letter for me on the same.

Thanks,
Neha

Dear Ms. Neha, Please find the letter below for your immediate perusal and adjust it according to your requirements.

Date: ____________

To
Mr. [Name]
Designation: [Designation]

Subject: Warning Letter

Mr. [Name],

It has been observed that you have proceeded on leave without prior permission from the concerned authorities, resulting in willful insubordination and gross negligence of duties in your capacity as [Designation]. Being absent from duties without prior intimation is misconduct, for which you are making yourself liable for necessary action.

You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action. You are further advised to submit a written explanation for your unauthorized leave upon receipt of this letter or resume duties at the earliest. Kindly treat this as urgent.

For [Company Name]
Name:
Authorized Signatory

The organization cannot warn the employee without conducting any investigation, findings, and recommendations by the management regarding the absconding case. First of all, we must issue a letter to the employee to resume duties without any delay. If the employee does not report within a reasonable time period, then you can proceed with administrative action, disciplinary action, or legal action against the absconding employee.

If you see my reply to Ms. Neha, it is a draft, and she is advised to change the format as desired with prior consent from the employer (the letter has two-way précis). However, I haven't raised any questions so far to Ms. Neha regarding the factuals. Therefore, it is up to the management in what context they would like to deploy the candidate. Let me know if you have any further apprehension on the same.

Thank you for your reply. I want to clarify my question. One of our employees took 2 days of leave and went to his hometown. After 3 days, he called and said that he had met with an accident. The doctor advised him to take bed rest for 20 days. We asked him to submit a doctor's certificate, but he didn't submit it. It has been more than one month, and he still hasn't returned to the office. Moreover, he is not responding to our calls.

Therefore, I need to send a letter to his house. Kindly let me know what to send.

Thanks,
Neha

The format of the warning letter is attached here.

Regards,
Nisha

The organization cannot warn the employee without conducting any investigation, findings, and recommendations by the management regarding the absconding case. First of all, we must issue a letter to the employee to resume duties without any delay. If he is not reporting within a reasonable time period, then you can proceed with administrative action, disciplinary action, or legal action against the absconding employees.

Yes, we cannot initiate legal action in the first place. One should commence an investigation to determine whether the case is genuine or not. The employer has to ask him to report to the office initially. In spite of that, if he does not respond, then you can take legal action.

Regards,
Kranthi

In view of the facts brought out by you, the question of taking legal action or issuing a warning will not be purposeful without giving him an opportunity to explain his position. Furthermore, the warning will not be effective if the employee is not responding to your calls. Accordingly, I suggest you write a letter to the employee as follows:

Employee Details

Name, father's name, address (of the employee)

(letter to be sent to his present and permanent address via registered post - a copy to be placed on the Notice Board)

You were on two days' leave on -------dates and subsequently informed us (orally or otherwise - please specify) that you had met with an accident and requested an extension for which you have not submitted a formal application, supported by a medical certificate from the relevant doctor (at least a Registered Medical Officer), despite being reminded to do so by us repeatedly.

Notice of Misconduct

We would like to inform you that taking leave without prior approval or permission from the competent authority (as in your case) constitutes misconduct according to the company's existing rules. Therefore, apart from the non-payment of salary for the period in question, the management reserves the right to take further action in accordance with the company's rules applicable to your case.

Instruction to Report for Duty

In light of the above, you are hereby instructed to report for duty within ------------days (insert a suitable number considering the distance involved) upon receipt of this letter. Failure to report for duty or provide substantial proof of your absence may result in the management taking appropriate action against you.

(---------------)

cc. concerned department

I hope your query is sorted out. You might have sent a registered letter to the absentee (at their present and permanent address with a copy on the notice board, so that their colleagues can pass the information to them over the phone) stating that upon receipt of this letter, they must resume their duties by _______ (date). If they do not respond, then send another letter after the due date, stating that they have not responded to the previous mail. Please request the medical certificate/undergoing treatment certificate from a registered medical practitioner. Upon discharge or completion of medical treatment, they must join with a fitness certificate. You can also provide a specific time period for a response.

If the individual still does not respond, you can send one more letter stating the reasons why the company cannot initiate any administrative/disciplinary/legal action against them for their unauthorized absenteeism.

If you have any further queries, do not hesitate to seek guidance from our members.

Wishing you all the best.

I fully agree with skjohri1 and Bhaskar ji. You need to take disciplinary action against the absconding employee by issuing a charge sheet and conducting a domestic enquiry.

Thanks and regards.

Regards

Absconding Policy and Employer Liability

I wanted to know all about the absconding policy and what action we can take if an employee absconds and after 2 months they come back and claim their salary. Is the employer liable to pay his/her salary in this kind of situation?

Regards,
Shivi

Handling Absconding Employees

If any employee is absconding continuously for more than 15 days, you can take strict disciplinary action against the concerned employee. Issue a Show Cause Notice (SCN) and a charge sheet, and conduct a domestic enquiry. Based on the report of the Enquiry Officer, initiate procedures for the dismissal of the concerned employee.

Presume you have certified Standing Orders for your company. Initiate the process in accordance with the relevant clauses.