How Should Management Handle Unplanned Leaves and Rude Responses from Employees?

Issue with Unplanned Leaves and Employee Rudeness

We have an IT company, and I have a query related to the rudeness of a female employee. There is a couple in our IT department (Male - iOS Developer, Female - Graphic Designer). Both of them have been taking unplanned leaves on the same day for the past 1.5 years. Our company didn't say anything during this period, but a few days ago, on 27th Jan '17, the iOS developer was absent due to his sister's health issue. He called the HR manager and informed them that he wouldn't be available, and his girlfriend would also not come. The next day, when the management asked the woman why she was absent, she simply replied to the HR Manager that she will take leaves as it's her right, and you guys cannot bind us, in a very rude manner.

Kindly suggest if any action should be taken by the management.

Employee Leave Policy and Incident Review

Before commenting on the incident, we need to know a few things about the employee leave policy. Do you have a well-documented policy on employee leave? If yes, has it been communicated properly, and how is the leave account maintained?

Generally, an employee is expected to route their leave application through the reporting manager. HR does not intervene as long as the reporting manager sanctions the leave. Upon receipt of the leave application duly approved by the reporting manager, HR's job is to maintain the leave records. If the leave is not sanctioned, then it becomes Leave Without Pay (LWP). Is this procedure followed in your company? Matters come to the attention of HR when there is absenteeism.

"Leave is a privilege and not an entitlement." This axiomatic statement is included in the policy on employee leave in many companies. It appears that the female employee is not aware of this maxim. Due to her unawareness, she felt that HR does not have the locus standi in the grant of her leave.

The incident calls for an overhaul of the policy on employee leave. Employees must be informed of their authorization and the entire process. Without this official communication, incidents like this could recur in the future too.

Thanks,

Dinesh Divekar

Handling Employee Indiscipline in the Workplace

Matters have taken the shape of indiscipline caused by both employees. They have been deliberately disobeying employment rules. In dealing with employees' misbehavior, disciplinary matters, and welfare concerns, HR managers should be prepared to handle these with authority and sanction in case situations turn adverse unexpectedly.

In this case, the HR manager received an unacceptable reply from the lady who behaved rudely. Such situations, though inevitable before HR, need to be handled without any delay at that very moment. It is essential to emphasize that HR should see her absence as secondary. The rude reply and the challenge to HR that she will be on leave or remain absent again, which she claims is her right, has become the top priority and is more serious, grave, and unpardonable. The spread of such behavior will pose an immediate danger to the general work environment across the organization and cannot be allowed.

HR often encounters such verbatim and must take control and necessary actions as part and parcel of their duties; otherwise, the state of affairs inside organizations will not be conducive. Discipline should be the top priority over productivity and needs to be adhered to by enforcing rules and corrective measures. I suggest calling for an explanation from both parties, reviewing what they write. If the mistake is accepted, HR should provide an opportunity for improvement through a written warning letter. Otherwise, they both should be suspended for 2-3 days as punishment.

Regards, RDS Yadav

Thanks for the reply, but our leave policy states that any employee can avail only one leave in a month. However, both employees took four leaves in a month without any prior information. Management has always been lenient with them, but now they are misbehaving. They do not have the right to take more than one leave, as mentioned in our company policy.

On this second issue, I should advise you to make a few corrections. A leave application can be either approved or rejected but not both at the same time. Someone, even with a leave balance, may have their proposed leave refused if it does not comply with the rules or if the person habitually takes leave whenever work is planned. Leave can also be refused due to work exigencies. It is important to learn to say "No" as well. If you are not refusing, you are paying a salary for the particular day(s) and objecting; this means you are simply approving leave. Mr. Dinesh Divekar has explained the policy-making very well.

Another Important Aspect: Administration of Leave Policy and Attendance System

If an employee has already availed leave without prior sanction, information, or approval, the days should be marked as absent. Not doing so is a lapse on the part of HR/organization. Let him or her present justification/evidence for absence, and thereafter, the action of approval/refusal should be taken only on a merit basis.

Regards,
RDS Yadav

Leave Policy Violation and Misconduct

Does the appointment letter, duly signed by both employees, contain a clause regarding the leave policy stating that employees can avail of one leave per month with prior intimation, or without prior intimation if necessary? Since they have availed four leaves without prior intimation, is this a violation of the leave policy? Please write a letter to both employees seeking a written explanation and the cause of the violation of the leave policy. However, if the leave was availed for a reasonable cause or in an emergency, the concerned employee must provide documentary evidence.

The female employee who misbehaved with HR stated, "You guys cannot bind us in this very rude way; availing leave is my right." The question arises: what were the terms and conditions of her appointment letter/agreement? Does her appointment letter empower her to avail of leave at any time without prior intimation? Issue her a copy of the appointment letter and its terms, duly signed by her. Ask her to carefully read the clause of the leave policy she accepted. On one side, she has clearly violated the leave policy, and on the other side, she has misbehaved with HR. Misbehaving with anyone, regardless of designation, is serious misconduct. Therefore, disciplinary action needs to be taken against her. Seek a written explanation to understand the cause of her misbehavior and unauthorized leave. If she accepts her fault, give her a chance by issuing a warning letter not to commit the same in the future.

Thanks & Regards,

V. Shakya

HR & Labor, Corporate Laws Advisor