Can We Terminate an Employee on Extended Sick Leave? Seeking Advice on Next Steps

Good Morning,

This post is regarding the termination of an employee. The employee has been on continuous sick leave for the last two months, submitting his medical certificate every 15 days. He has been with the organization for the past 5 years and is frustrated with his job for various reasons. As a senior manager in the organization, management is considering a decision. Can we terminate him in his current sick condition? If not, how long should we continue to accept his medical certificates?

Thank you.

Senior manager category will not be covered under the ID Act. Therefore, you can take disciplinary action based on the proofs available with you, following the principles of natural justice. If you terminate him, he cannot seek relief under the ID Act. You can ask him to visit the government hospital doctors or company-authorized doctor to obtain a medical certificate and submit it to prove his illness.

Understanding Employee Frustration and HR's Role

The person who has been with your firm for the last 5 years, as confirmed by your post, has dedicated sufficient time to the company. As an HR professional, you must understand the reasons for their frustration and make efforts to support them in becoming a valuable asset to the company. This situation also provides you with an opportunity to showcase your own value within the organization as an HR representative.

If, despite your best efforts, the individual remains unmotivated, they may continue their employment with the organization based on the company's requirements and the candidate's physical fitness. Please review the employment conditions and take necessary actions, especially considering the extended absence.

Thank you.

Yes, I do agree with Mr. Raj Dubey. The company should first check where the fault lies, either on the employee's side or the company's side. Then, they should make a decision accordingly.

Thanks Rajesh. He is frustrated because he has to report to the person who is new and younger than him, causing an ego clash. We tried to speak to him, but he has been like this for the last year and is now taking unpaid leave in the name of sickness. I just want to know, can we terminate him after giving notice? Can he file a case against us? Is there anything in labor law that applies to this situation?

Handling Termination for a Senior Manager

Proceed with your HR policy because he is a Senior Manager in the supervisory category. If your policy is silent in the case of misconduct or long unapproved absence, then issue him a Charge Sheet, requesting a written explanation within a stipulated period. Before this, obtain a complaint receipt from the concerned department and revoke any further leave sanctioned.

Initiate a domestic inquiry and, after receiving a proper report and finding favorable grounds, issue a letter of termination as per the Standing Orders/HR Policy, whichever is applicable. In all cases, ensure that the individual is given an opportunity and that this is documented.

Dear,

First of all, look into his actual work - whether he was performing managerial, administrative, or supervisory tasks, which can be supported with documents in court. If yes, you can directly terminate him as per the terms of his appointment. Otherwise, you will need to issue a charge sheet. If necessary, conduct an inquiry and then, based on the seriousness of the charges, consider the possibility of dismissal.

Lexlabour.com

Mr. Stephen, how can we say the manager category does not fall under the ID act? Is there any definition provided in the provisions of the law? Please clarify.

Dear Sir,

If a company wants to terminate an employee, how is it possible? Can a company terminate an employee without any reason?

Thank you.

Steps to Address Employee's Prolonged Sick Leave

You could do the following:

Visit personally to find out the seriousness and genuineness of his illness. Contact his doctor, under whose supervision he is being treated and is submitting the medical certificates, to understand the seriousness and genuineness of his illness with the intention that the organization wants to help him.

Appoint a Medical Panel

Appoint a panel of doctors for his examination or ask him to go to a government hospital for a complete health check-up and find out the cause of his serious illness. While doing so, I would advise you to ask him to do so at the organization's cost so that he cannot claim non-availability of funds to go ahead for such an examination.

Take reports of the examination of his illness (if he is actually ill) and the period required for rest. Also, check with the doctor when, according to them, he will be fit to resume his duty. Will his fitness affect his performance, and what would be the impact of his reduced performance if he resumes his duty?

Consider Future Actions

If he is diagnosed genuinely, then your organization will have to take a stand on the future course of action. It will depend on lots of factors like his past performance, his value in the organization, his role, if his absence will affect the performance and growth of the organization, do you have other competent employees to handle his role, etc. Also, factor in this situation that if he is fit to resume after rest, what is the role he will play when he rejoins. This is where HR and management roles will be critical.

Address Employee Frustration

If, as mentioned in your mail, he is frustrated, has the HR and senior management done anything to understand his reasons for frustration and given him advice if required in writing? Can he be transferred to another department without affecting his performance (if he is a valuable employee)?

If his reasons for frustration are as mentioned by you in the mail, has he been counseled and made to understand the process and company policy that an employee has to follow? As an employer, you have the right to recruit people whom you feel would be right for a certain position irrespective of his age. Knowledge is critical. This should be made clear to the employee in clear terms. Or was he promised this new role and then the promise not kept?

Documentation and Legal Consultation

Whatever you do, it is very critical that you create the required documentation and follow a clear process of natural justice before taking any extreme decision. Follow the path of inclusiveness in such situations.

After taking all these steps, if still, only because of an ego issue, the employee wants to follow his judgment, then you would be right in taking the decision. While doing so, ensure that other staff are also subtly made aware of all your attempts to bring him on board so that when you take this extreme decision, other employees will not have a negative attitude towards your organization.

With regards to legal remedies, the best is to consult your organization's lawyer as it will depend on your industry and which acts your business falls under.

Warm regards.