How Should I Handle an Employee's Repeated Unwarranted Absenteeism and Attitude Issues?

One of the employees in my current organization has already been warned twice in ten months for unwarranted absenteeism. He always takes leaves, giving petty reasons, and no advance intimation is given. In fact, the current scenario is that his team is under scrutiny for performance issues. The second warning was issued on 18th September. He is good at his work, but his attitude is not good at all. The letter that I have issued is mentioned here.

Warning Letter

To Mr. [Name]
Designation: Executive Documentation

Sub: 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 Executive Documentation. Absenting yourself 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 as soon as you receive this letter or as soon as you resume duties. Kindly treat this as very urgent.

On 3rd October, he called his HOD at 11 in the night, telling him that he has some personal problem and he cannot come the next day. Today, when he reported to work, he submitted a leave application for his absence.

I want to take disciplinary action, giving him a final warning, also mentioning that he is not eligible for any leaves. He has availed 34 leaves this year, out of which only 12 are for legitimate reasons.

Please let me know what kind of action can be taken. Will my notice be of any good, as I cannot see any change in his attitude?

Regards.

I hope you have an employee policy stating that if an employee receives two warnings and then a third warning, termination is possible. If not, please add this policy as soon as possible.

Regarding the Employee in Question

Counseling may not be effective as he shows no willingness to change and takes things for granted. It's important to note that an employee who performs well but lacks discipline and a positive attitude will not progress. Therefore, consider terminating the employee after discussing the matter with his reporting boss. Ensure you have evidence of his frequent absences. Issue a final warning letter that may lead to termination.

Encouraging an employee solely based on good work can negatively impact your organizational culture. Others may view him as an example to follow in making similar mistakes in the future.

Remember, do not issue a warning letter to someone unwilling to change; it's better to replace them.

Thank you.

Your warning letter is correct. Now, as you mentioned in the warning letter, you just need to call and inform him that hereinafter, there is no leave allowed for you. If you take any leave, it will be treated as Leave Without Pay (LOP). If you take more than two days of leave, management will take necessary action, which may include termination. Please ensure that you obtain a written letter from him stating that he will not take any leave in the future. If he does take leave, he will be held liable for the aforementioned action.

Regards,
Mohan

Namaste,
The company did not have an HR department previously. Only letters of appointment were given by the accounts department. I am in the process of documenting the Employee Manual and policies and procedures. Earlier, people were asked to leave immediately due to disciplinary grounds or non-performance.

I will incorporate the same in the manual as a policy.

Thanks & Regards,
Bharati S Joshi

Dear Bharati, Wait before adding a termination clause to the appointment letter or service rules. Just think, what will you do if your employee does not submit his written explanation and tries to justify, or if he submits a personal reason like his mother suffering from cancer and he is the lone caretaker at home?

Thank you.

Building a record about the conduct of an employee that violates discipline is an important step in disciplinary management. You have initiated that process. If you want to take disciplinary action or even termination, you need to invoke some term, clause, or rule; without which, you run the risk of your action being termed arbitrary. However, in the absence of any written service condition or conduct rules, the principles of natural justice will govern the action of the employer. I cannot, therefore, suggest any summary termination of the employee without issuing a show cause notice and hearing him in respect of his unauthorized absence. If he submits an explanation and if the same is found satisfactory and justified, you cannot terminate the services. If it is not satisfactory, you need to furnish the reasons as to why it is not satisfactory instead of jumping to terminate him. All this is suggested keeping in view the risks of summary terminations. Avoid expressions like "unauthorized leave," etc., in your letter as leave cannot be unauthorized.

Options for Addressing Employee Absenteeism

I have the following options for you:

• Since he is a good worker, call the employee and know the reasons as to why he is absent—whether it is some domestic problem, etc., and if so, whether the same can be solved by other options like allowing him to come late and leave late or by changing the weekly off for him or employing the facility of 'work at home' for a day in a week, etc.

• Analyze the cost of hiring another good worker and the possibility of making the existing employee in question toe the line by warning him one more time and alerting him to stricter action in the future like deduction of wages on a "no work-no pay" basis. If his conduct affects general discipline, you have to take a call after taking stock of all the circumstances.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Dear Bharati,

While technically, you have a good legal point that should be kept in mind before taking final action. However, as a practical manager, I would like to once again draw your attention to the quoted box.

Your response from the core of your heart and brain will lead you to the right solution. If you are unable to identify it, at least you will get ideas for your next move. Please try it and share with us.

Regards,

Namaste, I appreciate Mr. Saikumar's input and Sharmaji, your views as well. Mr. Saikumar, how can an employer validate leave if "the said employee calls his senior at 11 in the night just informing that he has some problem and he cannot come tomorrow"? Is that leave authorized? The reason I initiated this entire process is that he has been habitually taking leave, and every time it is some silly excuse.

The said employee did submit an answer/explanation. The only justification he gave was that he cannot share his family problem. Before issuing him the letter, I initiated all HOD's meeting who spoke with him, made him understand that everyone has family or personal issues, but they cannot be part of office work. He was given counseling by all of us, that he should learn to manage his work as a priority during working hours, and his family and personal problems can be sorted when he is not in the office.

He has been warned that any further leaves unless necessary will result in strict disciplinary action. Nowhere has it been mentioned that he will be terminated from his service. I hope that he will show change for the betterment.

I think you managed it well and made good progress in this episode. The step-care approach helps you make rational decisions. Start thinking about how you will proceed if he comes late now?

Bharati, namaste. What I meant is instead of stating that "your leave is unauthorized," please state "your absence is unauthorized" in the letter addressed to him since it is more proper in administrative language. Leave indicates absence that is permitted. Therefore, it cannot be unauthorized. It is good that you have followed the procedure both from a reforming point of view and a discipline point of view. You can serve a letter on him, warning him to be regular and punctual in the future, failing which he renders himself liable for deduction of wages on a 'no-work-no-pay' basis. Sometimes, pecuniary loss will make people become disciplined. If all these efforts fail, initiate disciplinary action and impose an appropriate penalty.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai