How Should We Handle a Driver's Return After a Non-Work Injury? Seeking Advice on Reinstatement

Respected seniors, I am Ramu, working as Deputy Manager-HR in a manufacturing industry near Vijayawada. My query is regarding one of our company drivers who was involved in a road accident and sustained severe injuries to his right leg ankle while he was on leave. This incident did not occur during work hours, so it is not considered an employment injury. He received medical treatment at the ESI Hospital for around 5 months, and now the ESI authorities have certified him fit to return to work. However, due to his physical condition, he is unable to drive vehicles for at least another 6 months or more. In the meantime, we have temporarily replaced his position with an outsourced individual.

The question is, can we inform our driver that he is unfit for the driver position? Our management is hesitant to reinstate him. I would appreciate your guidance on this matter.

Kindly suggest.

Regards, Ramu

This is a ticklish issue. Whether to keep on board a medically unfit person or to remove him is a decision that your management has to make. If allowed to continue his employment, it will signal to all employees that your management is empathetic. If he is removed, it will help in keeping manpower lean. However, I propose the following options:

a) Let the employee apply for Leave Without Pay (LWP). He might forego the salary; nevertheless, his employment will continue. Issue him a letter stating that this arrangement is made to increase his length of service in the company, and there is no guarantee that he will be allowed to work once he becomes medically fit. A longer length of service will help him in finding a job once he is medically fit. Since you are not paying any salary to the employee, your management should not object to this arrangement. Keeping a person on the payroll even without a salary is also a form of assistance.

b) Explore the possibility of alternate employment. Can he work in security or any other department? While security typically requires able-bodied individuals, the abilities of the current security personnel are well known. Discuss this issue among the HODs and see if any ideas emerge.

Thanks,

Dinesh Divekar