Employee on Extended Leave Missing: What Legal Steps Should We Consider?

Hello All,

Please help me out with a legal opinion on the below case. One of our employees has not turned up after going on a long leave. Initially, he went on a 1-month leave but then requested an extension of leave for a further month. He promised to join from 30th April '15 via email, but to date, he has not turned up. He is not answering calls and also not replying to messages.

Please suggest what needs to be done.

Regards,
Sagar

Was his extension of leave formally granted? If yes, then send him a registered letter asking him to join forthwith; otherwise, he will be treated as deliberately absenting from duties and liable for disciplinary action as per the company's rules.

Thanks,
Sushil

Dear Sagar ji, In your case, your employee is overstaying his leave originally granted and subsequently extended. You have extended his leave till 30.04.2015. From 01.05.2015 onwards, he is overstaying his leave originally granted and extended.

Action Required for Overstaying Employee

If your employee does not join his duty on 11.05.2015 and fails to give a satisfactory explanation for his overstay, he is liable to lose lien on his appointment if he is governed by the Standing Orders Act.

You need to send him a letter asking him to report on or before 10.05.2015 and give a satisfactory explanation for his overstay. You also need to mention in the letter that if he fails to do so, he will lose his lien on employment.

Even if your company and employee are not governed by Standing Orders, you can initiate the action as above. Please remember the quote of RATAN TATA - "I Don't Believe In Taking Right Decisions. I Take Decisions & Then Make Them Right". If you want to enforce discipline, you need to follow RATAN TATA.

Provision Under the Standing Orders Act

For your ready reference, I am providing the provision under the Standing Orders Act verbatim as follows:

If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose lien on his appointment unless he:

(a) returns within ten days of the expiry of his leave, and

(b) explains to the satisfaction of the manager his inability to return on the expiry of his leave.

In case the workman loses his lien on the appointment as aforesaid, he shall be entitled to be kept on the "badli list".

Regards