How Should We Handle an Employee's Unclear Leave and Misconduct Situation?

Seeking Advice on Employee Leave and Misconduct

Please help me solve a serious issue. One of my company's employees is going on leave due to a minor fracture in his hand, and he has not provided us with proper information about when he can rejoin the company. Sometimes he informs us that he will be able to rejoin by a particular date, but when that date arrives, he does not show up. We have tried calling him to inquire about the reason for not showing up, but during this time, he does not pick up calls from any company member. Now, suddenly, he has come to the office and claimed that he is fit to join us by that date. Our problem is deciding on the appropriate disciplinary measures to address his misconduct and behavior.

Thank you.

If he is used to absenting himself from duty habitually, then you must issue a show cause letter asking for his explanation. If his explanation is not satisfactory to you, then consider issuing a warning letter or suspending him for one day, which I believe is more than sufficient.

Regards,
Arun J.

In this case, the problem is that he is consistently absent without prior information. This behavior has occurred multiple times before, and despite receiving two warning letters, it has not been effective in correcting the situation.

Alternative Forms of Punishment

Could you please suggest an alternative form of punishment?

Thanks,

Awzpact

Handling Absenteeism and Disciplinary Measures

If the employee is absconding even after receiving two warning letters, then he is a habitual absentee. Organize a domestic enquiry. If he attends, complete the proceedings and issue punishment. If he is absent for the enquiry as well, then conduct an ex-parte enquiry, issue a second show cause, and terminate.

As he has taken leave due to injury, it is necessary to be a bit flexible regarding the punishment. Firstly, call him, explain the consequences, and ask him to submit an apology letter. Issue a warning letter and allow him to return to duty. If he does not comply, initiate the domestic enquiry process and proceed accordingly.

Thanks and Regards,
Kamesh

Handling Habitual Absenteeism

If it is a case of habitual absenteeism, then Kamesh should be given the right suggestion. However, you must ensure a fair inquiry is conducted under the principles of natural justice. Do not terminate the employee after a single inquiry, as it may be challenged in court. It is advisable to conduct two to three inquiries before considering termination. This way, the court will recognize the opportunities that were provided to the employee.

Regards,
Arun J.

- From how many days has he been working with you?

- From how many days has he been on leave?

- Have you tried to speak with his immediate supervisor/reporting manager/Boss about his leave?

- For what position/role is he working with your company?

- I hope there is nothing like a project or work assigned to him, and you are suffering because of his absence, which is forcing you to take such actions. If yes, please share about it.

With a simple absconding case, and as you have already sent two warning letters to him, which are enough to inquire about the reason for his actions (I hope you have sent them by registered post), he must not be tolerated and needs to be terminated immediately by referring to the violation of employment rules (and I hope you have added the applicable clause in the employment/appointment letter) stating that you (the Employer) do not require his service anymore, which will save your time and efforts too.

In the "Termination letter," it must be clearly stated that his services are being terminated with immediate effect as he has failed to report back to the office and respond to the issued warning letters. With that procedure, there should be a time of at least 3 months to proceed, but all the applicable statutory and employee entitlements shall be paid as per the procedure.

This will allow you to stop his F&F for a period, and this automatically is a punishment (with such a specific case only) to him because of his future requirements for service/experience and clearance letter by you.

“Employer must not bear this kind of unprofessional behavior by any employee, but before taking action, need to take the aforesaid corrective and required steps.”

"Instead of talking about punishment, need to take wise action being professional."

I would stand by Anil. He has not responded to the calls, and he has been absent from work for a long time. Who knows, there are chances that this employee may have joined another company and still does not want to reveal it, possibly due to salary being credited there. What is your organization involved in? How did you manage the productivity issue? Also, is your company dependent on this particular employee? If not, action should have been taken long ago, considering the situation as a no-call, no-show.

Thank you.

Hi Anil, As you asked about these questions, first, I want to share all the answers regarding your queries. He has been working since February 2013 as a Junior Web Developer, and for the last month, he has been on leave due to a hand fracture (as he informed us). I tried to speak with his immediate superior, but he has the same information that I have. Our major concern is that we operate in the IT sector, and one of our significant projects was assigned to him. He is well-versed in all the project details and understands its importance.

Thanks,
Awzpact