Termination Procedure for Overstaying Leave
Any employee who overstays their leave shall be terminated, but only after being given the opportunity to be heard. Therefore, termination shall not occur automatically after the expiry of any specified time.
For this, we must send a notice or letter stating that the extension of leave is not approved and asking the employee to return to duty immediately. If there is no response, you must send another letter stating that the employee has been overstaying their leave, which is considered misconduct. The management shall initiate disciplinary action, and the employee should report to duty within 3, 4, or 7 days. Failing to do so will be construed as a lack of interest in continuing employment, indicating job abandonment.
After sending that letter, you cannot immediately terminate the employee; you must wait for a response. If no reply is received, you can then send a termination letter stating that the management has decided to terminate their services. If the employee does not respond even after this letter, you can send a final termination letter and close the issue. Please remember that all these letters should be sent by Registered Post with acknowledgment.
If the employee has been in service for more than 5 years and is eligible for gratuity, you should also mention in the termination letter that they should come and collect the gratuity amount within 30 days. If they do not collect the amount, you must deposit it with the Labour Department.
Regards,
Madhu.T.K