How Should HR Handle an Employee Taking Excessive Leave and Avoiding Communication?

Handling Excessive Leave and Employee Communication Issues

I am working as an HR Manager. Recently, one of my employees who joined two months ago has been taking too many leaves. Initially, the reasons were marriage or someone's death. However, for the last 15 days, he has been on leave again, citing diabetes problems and fever. Despite this, he is regularly updating posts on Facebook but is not receiving our calls or replying to emails. I sent him a warning email regarding this, and he accused us of harassment, stating that the situation will worsen his problems and that he will file a case against us. Can we take action against these types of employees?

Regards

You should initiate the disciplinary action and send a letter to him for joining duties immediately by registered post. Even if he does not respond, you can terminate him.

Just send a letter to him that the company has appointed a doctor to check up on your medical problem to justify your medical leave. Meanwhile, mark him absent.

Shashi Pandey

Guidance for Handling Employee Leave Issues

In the future, whenever you seek guidance on a matter, it is essential to mention complete details about your company or organization, as well as the concerned employee, his position or status, and the type of work he has been assigned.

In your current situation, you need to check if there is a company policy governing leave and disciplinary action against employees for taking excessive leave without permission or notification. If there is no such policy, you can issue a letter stating that whenever he wants to take leave, he should obtain prior permission, as the company's work is suffering due to his sudden, intermittent absences from duties. If he claims to have diabetes, you are within your rights to request the doctor's prescription for your satisfaction. You need to create documentary evidence to terminate his services if he does not improve his behavior.

Regards,
BS Kalsi

You can send a warning letter to the employee asking him to submit the medical certificates and test reports. Also, mention in the letter that if he fails to submit the necessary medical proofs, his leaves will be considered as LWP, i.e., Leave Without Pay, and this amount will be deducted from his current month's salary.

If the employee fails to reply to the warning letter, you can send a maximum of two more warning letters as reminders. If he still doesn't reply, then you can terminate him from the services. There is no point in investing more time in such cases, and meanwhile, you can start looking for his replacement.

Please clarify whether all leaves are approved or unauthorized. Based on this clarification, we will take the appropriate next steps.

Good evening all my seniors,

I think Priyanka sent a letter on the company letterhead via registered post providing the information. If you don't reply within 7 days, the company may perceive that you are not interested in the job opportunity within our organization. Consequently, we may have to terminate your employment due to job discontinuity.

Thank you.

Thank you for the suggestion. Let me provide details about my company. We are interior designers and have a dedicated team for digital marketing, including this employee who is a content writer. He is currently in the probation period. I have already sent him a warning email, and he continues to respond to all my warnings. However, his phone is switched off, and he is not coming to the office.

Company Policy on In-House Medical Check-Ups

I am considering the idea of having a doctor in the office for a complete check-up. Is there a company policy that allows for check-ups by an in-house doctor, and can we disregard his reports?

Thank you.

Dear Piranka,

You have to give him a show cause notice via registered post, and ask him to join duty by a particular date. After that date, you can terminate him.

Harish Rawat

Leaves are not approved; he just messaged about the health problem.

Thank you, Harish. I just emailed him regarding the in-house doctor check-up. If he is unable to come, I will have to terminate him.

In this case, the company has the right to take disciplinary action against the employee until he justifies his absence with an approved doctor's note. However, as an HR professional, I suggest you take the employee for counseling and try to understand what is causing the absenteeism.

In a service industry like yours, creativity is essential, and it is not merely a mechanical job. It is rare to find a resource with all the necessary qualities, but success lies in bridging the gap between the employee and the organization. Employee retention poses a significant challenge to HRD. Anyone can terminate an employee, but a successful HR professional can transform and retain talents.

All the best!

Regards, Sabir. P. K

Hi Priyanka,

Sending out a registered post is the right thing to do so that you can get an acknowledgment. Later, you can terminate him, stating that he did not report to duty even after sending a registered post. Legally, you will not have any problem. On a personal note, a person who threatens that he will put a case will not put a case. :)

Employee Welfare and Handling Leave Issues

As part of employee welfare, it is advisable to have a doctor available, but not solely for this purpose.

Secondly, you can issue a warning, conduct an inquiry, establish the authenticity of medical reasons, and provide the employee with an opportunity to explain. If you suspect that the medical certificates are not genuine, you can still proceed and issue a warning letter stating that leaves are not acceptable on false pretenses. Additionally, you can advise the employee to be cautious, and it would be best to have his resignation in writing.

For further advice, feel free to call me at [Phone Number Removed For Privacy Reasons].

And many times, using the same excuse such as sickness can disrupt the work environment. This could be explained to him, suggesting he take a break and return after three months. A job can be offered at your discretion during that time with no obligation, subject to availability. Please proceed with the necessary actions.

Thanks for the suggestions.

I called him many times, but he didn't respond. He only reverted on warning emails and continues to say that we are harassing him with the emails. I tried to retain him as he is good as a content writer, but due to this, other employees in the organization will have a negative impact.

Handling Employee Leave and Potential Legal Issues

Priyanka is concerned about the harassment case against the company by this employee.

The thumb rule is to send three warning letters via registered post, requesting the employee to report back or provide a firm date of joining. If he does not respond or give a date of joining, a termination letter should be issued. The person cannot take legal action on this basis, and the organization will have a strong point even if he plans to do so.

Facebook posts should not concern you because they are part of his personal life. You need proof. For that, you can also seek a prescription from a doctor, which must be verified by another paneled doctor.

None of the companies have obligations to keep a person on the roll for a longer time if he/she is sick. Companies are not doing charity, and hence it is not a case by any means.

You may cite all other suggestions given, such as consulting a company doctor, to bring this to his attention.

Your letters should not contain harsh words but polite requests. Hope this helps.

Dear Priyanka,

You have clarified that the person concerned is on probation. You can check the terms and conditions of his appointment or the company rules. It is easier to terminate a probationer on the grounds of unsatisfactory work or conduct rather than a permanent employee. As somebody has rightly suggested, appointing a doctor as a welfare measure will be a good step, but appointing a doctor for a particular purpose will be viewed as a biased step.

BS Kalsi
Member since August 2011