Unpaid Long Medical Leave (unauthorised Absenteeism)

Dear all,
Please suggest can we terminate an employee (worker Category) if he refuses to resign, who not covered under ESI and working from last 23 years in organization. Now he has been on unpaid long medical leave (unauthorised absenteeism) for more than 1year & 5 months Approx., and his previous records were also shown that he was habit of frequently long absenting without obtaining prior sanction or intimation. We have frequently issued so many absenteeism letter, but in receipt of this letter explanation he every time send medical certificate of MBBS Doctor's by given different -2 reasons of disease like suffering from fever, skin problem, stomach problems etc.
Please assist me what can I do.
regards
Anil Saini

Dear Anil,
Pls check your policy or Standing Orders in this regard. You can refer the employee to produce Medical Certificate of CMO to substantiate his such long illness.
If he fails, you can initiate disciplinary action against him. But please note before sacking an employee after such long service is a careful and full-proof process. Domestic Enquiry should be fair, proper and ample opportunity be given to the employees and should be entrusted to experienced lawyer so as to stand the scrutiny of law.
Thanks
V K Gupta

Hi,
You can constitute a medical Board of two persons and aske the person to appear before it for evaluation and assessment of his ailment. He should be given time and date to appear before the Board.(You can also insist on a certificate from a Civil surgeon)
While communicating the charges levelled against him, you should also mention whether he has appeared before the medical board or not. Give him a specific date and time of enquiry and ask him to remain present along with his witnesses, documents if any.
If he fails to remain present, you may give a short adjournment and fix another date of enquiry. If he still fails to remain present, hold the enquiry ex-parte and issue an order of dismissal from service under the relevant provision of standing orders.
It is always safe to hold an enquiry before passing an order of dismissal from service.
Cyril

I would like to add to clarifications by Mr. Cyril that before proceeding ex-parte in his non-appearance without sufficient cause in the enquiry, public notification i.e. in the local and national newspaper be given.

First send the letter to that worker and ask him to appear before company doctor, if he appeared then based on doctor\'s advice you follow to give leave. If company doctor found no problem in that worker then conduct domestic enquiry, in domestic enquiry findings if he found unauthorised absentism then issue warning letter or suspend one day. Even After suspension period over he didn\'t joined then conduct second domestic enquiry. suppose in that enquiry findings found the deliquent worker is unauthorised absentism then suspend upto 10 days. after suspend period over if he didn\'t joined then conduct another domestic enquiry, in that enquiry findings found unauthorised absentism then dismiss the worker and make 123 agreement before DCL. It is safe
B.Suresh
Advocate
Chennai
9488447301