How to Handle Excessive Leave for Medical Reasons Without Legal Risks? Seeking Advice

I am facing an issue with a female employee who has a habit of taking too many leaves due to her medical condition (heavy menstrual flow). She tends to exhaust her Sick Leave (SL) and Casual Leave (CL) within six months and then takes leave without pay. This has been a practice for a few years and has become a habit for her. When I confronted her about this, it came to light that she last consulted a doctor 2-3 years ago and is not on any medication. I advised her to get a medical checkup and submit the reports. I also instructed her to keep track of her leaves. She has been informed that, considering her previous leave records, her leave without pay won't be approved and could be considered absenteeism, which may lead to management taking action against her.

Seeking Advice on Handling Excessive Leave Due to Medical Reasons

Can we take action against an employee on medical grounds? I know we can't fire an employee for medical reasons, but is there any other option available to tackle this situation, as I don't see any changes in her behavior even after the discussion?

Regards

Dear Spriha,

If you suspect that any leave on LOP applied by her in the future on medical grounds is fake, it is better to refer her case to a Medical Board.

Addressing Frequent Employee Absences

The advice of the learned member above is correct. Once you have obtained a clear, independent medical report, you can then arrange for the employee to be counseled regarding her frequent absences. Document the counseling and give her a chance to improve. If, after this, the employee fails to change her behavior, then termination may be considered. It is essential to build a documented history of unauthorized absences, counseling, and clear actions for future steps. Once employees understand that the employer is serious, they will either change and improve or choose to leave on their own.