Employee Absconding for 3 Months: What Documents and Actions Are Needed?

Can you please tell me what all documents are required from the employee if he is absconding for a period of 3 months without intimation and coming back after 3 months with a medical certificate? What actions can be taken against him?

Disciplinary Action.

Verify the medical certificate and conduct a cross-check of his health from your side. After that, based on the outcome, you can decide.

Hi Shub,

That's all you can do, as Peer Saab has mentioned. Do all required cross-checking and, based on that, take him/her back if the reason is really genuine. And I think you have to take that employee back only as a fresh joinee and can't continue his last services. Hope this is of some use for you.

Regards,
Amith R.

First of all, you should not allow any employee to come in this way. It all depends on you presently. My advice is to give him the relieving and experience letter and ask him to leave.

But for next steps, do follow this: if any employee is absent from the office for one week without notice to HR or the manager, send a letter through post (registered) to his permanent address stating that if you don't come, we will treat this as a violation of the rules and will terminate you. Please respond within 7 working days. If there is no response to the first letter within 7 working days, send a second one, and after that, send the photocopies of the letter to the address. Do not send the experience or relieving letters, only the termination letters.

Sincerely,
CH

What were you doing for three months... were you waiting for him to join? You should have then only tried to contact him at the address given by him. You could have also sent him a telegram to that effect. If he had not made any communication, then you could have easily declared him absconding.

Now, in the present case, you can verify the medical records and issue him a warning letter stating why no communication was made from his end. You cannot expel him from the office as you have not prepared any background for the same. For next time, take proactive measures. Legally, you cannot terminate him if his medical certificates are correct. Issue him a soft warning letter. Discuss with your superior what specific actions you can take as you best know the entire story.

Regards,
Nilendra

Please review what your offer letter says. Usually, every offer letter contains a clause stating that if an employee (e.g., XYZ) is absent from duty for a consecutive number of days (x days) without providing any information, it will be treated as termination, etc.

If this clause is present, you should consider treating him as a new appointment if a suitable position is available within your organization. Of course, conduct a thorough background check. Ask him to provide all the relevant documents, including doctor's notes, to address your concerns. It is surprising that he did not inform you about his absence for three months in today's world. Personally, I cannot justify this.

Thanks,
Manish

I want a legal format to be issued to the employee for absconding from services without intimation and handover charge, etc.

---
I have corrected the spelling and grammar errors in your text and formatted it into a single paragraph for better readability. If you need a legal format for addressing an employee's absence without notice and failure to hand over charges, please let me know if you need further assistance.