How to Handle a Long Medical Leave When an Employee Refuses Company Doctor's Exam?

Dear All, An Executive has been on continuous medical leave for about a year. He has used up all his available leave but has not yet returned to work. Instead, he continues to request further medical leave with certificates from a Government Hospital in Tamil Nadu (our Company is located in Delhi). We suspect that he may be obtaining these medical certificates inappropriately. Therefore, we wish to have him examined by our Company Doctor. However, the employee is refusing, claiming that he is too unwell to travel.

Medical Review Boards and Alternative Mechanisms

Are there any Medical Review Boards in District Government Hospitals in Tamil Nadu that can review his case and issue medical certificates? Alternatively, are there other mechanisms in the state of Tamil Nadu to address such situations? Your suggestions and any required information would be greatly appreciated.

Please share your insights.

Thank you.

How long is he on leave, and how many days has he applied for medical leave? Is he getting certificates from the same hospital?

Job Title and Nature of Work

What is his job title? You mentioned he is an executive. What is the nature of his work? This inquiry is to determine whether he is covered under the Standing Orders Act.

Review Options

You have the option to request a review from the CMO or District Medical Officer of your district. This action is legally permissible.

Authority to Review Certificates

You have the authority to review all certificates and identify any errors. You also have the option to terminate his employment on medical grounds.

There are several available options, and accurate advice can only be provided after a thorough examination of all certificates. To answer your question directly, yes, there is a review mechanism in place, and you can submit your request to the District Medical Officer or the CMO of the Hospital if it is a General Hospital.

Regards,
T. Sivasankaran

Thanks for your detailed reply. The employee is a Senior Engineer and is covered by our Conduct Rules, not by Standing Orders. The certificate produced by him is from the same doctor.

Steps to Address Employee Medical Leave Concerns

Get the opinion of the doctor of your company on the medical reports of the employee. If you have not obtained those, ask the employee to produce them. If your doctor provides a different opinion, then request the Medical Superintendent of the government hospital to constitute a Medical Board to review the government hospital doctor's certificate. If the opinion is revised, ask the employee to report for duty immediately. If the employee fails to do so, treat them as absent. After sending a few reminders, take necessary action following the prescribed procedure for disciplinary action.

Thanks,

Sushil

How long is he on leave?

Send a letter to him explaining why his services could not be terminated on medical grounds. Get a draft from a consultant. Wait for a reaction. If there is no response, proceed with termination. Allow 15 days for a response. Send an enquiry team to his residence openly and inform him that the team is visiting to verify whether he is genuinely unwell.

Handling Employee Medical Leave Verification

Send an enquiry team to his residence openly and inform him that the team is visiting to verify whether he is really sick. The person is in Chennai, and the office is in Delhi. Secondly, a visit to a residence should be conducted with the greatest care. If an employee is ill-minded, charges of trespass can also be brought against the team. I know of a somewhat similar case where an employee threatened the team with trespass.

What I feel is that the office should work on documents. Have medical documents vetted, and if defective, get in touch with the Chief Medical Officer (CMO) of the Government Hospital (GH) and ask him to review the case. If eventually, nothing works, then initiate the process of termination.

One can be charged with trespass only if you enter without permission. You can send a team to see him at home as he claims to be sick. Go with fruits. We have done this on several occasions and found it to be effective. We have received information regarding genuine cases and have extended time. We have also come across instances where the person himself is not present. To me, this is a very simple method, and let us not complicate it by quoting certain provisions of law.

In the domestic inquiry that may be initiated against him, he will present a simple defense. He will explain that just before he was taken by his family member to a nearby nursing home due to an emergent situation of diarrhea, he was not available at home. The original treatment is being continued by the GH. Unless that medical certificate is set aside by the CMO or Medical Board of GH, or he is proposed to be terminated due to continued ill health, he will be able to have the termination set aside. If you have doubts about his ill health, you may discreetly inquire where he is working, obtain data, and then pursue disciplinary action.

Thanks,

Sushil

Dear Mr. Siva,

I am not complicating anything, just giving a cautionary note. Every step we take in official work should be careful. I am aware of such cases where a person was supposed to be in the hospital and when checked, not found in the ward. One should be open to hearing differing opinions.