Employee on Extended Medical Leave: Should We Consider Termination and How?

Employee Leave and Employment Termination Inquiry

We have an employee who was transferred in September 2016. Immediately after the transfer, he applied for leave and has been continuously extending it on medical grounds by providing a medical certificate. It has been almost five months, and his Earned/Privilege leave is also exhausting shortly. He has now written a letter stating that he is willing to accept a demotion and stay at the current location. However, this proposal is not acceptable to the management. In light of this situation, should we proceed with terminating his employment, and if so, on what grounds?

Regards

In the appointment letter, check for a clause that allows for the transfer of the employee at the will of the management. If such a clause exists, you can terminate the employee by citing a breach of contract. If there is no such clause, then you are not permitted to transfer the employee. Refer to the post in the footnote for case studies related to appointments and contracts.

It is correct that the transferable condition must be contained in the appointment letter and presumed while reverting. Here, the question is a little bit different. The person concerned is not challenging the transfer orders but avoiding its implementation initially on medical grounds and now requesting a demotion and insisting on the same location.

In this case, it is the sole discretion of the management either to oblige him by accepting his request or direct him to join the new location. If he fails to join the new location, then it is definitely misconduct, and appropriate disciplinary action can be initiated. Even when he was filing the medical certificates, the management could have challenged by summoning all and complete documents relating to his treatment.

Regards, P K Sharma

It would be fair and legal to stick to the transfer decision. There is one lapse on the management's part that needs to be addressed without delay. If the company has its own medical officer, that's fine; otherwise, arrange for an outside qualified doctor to examine this person. Send a letter requesting him to appear before the doctor for a medical examination. There is no doubt about his intention to be absent on the grounds of fake medical certificates. Ensure that this is fully established before issuing a chargesheet, conducting a domestic enquiry, and terminating his services. Such employees should not be transferred, as the matter involves gross negligence of office orders, long absenteeism due to illness, submission of fake certificates, and thereby causing work disruptions at the transferred location.

Regards, RDS Yadav

The priority should be in verifying the alibi of medical ground. A second opinion could be obtained, preferably by referring to a medical board.

Handling Employee Transfer and Absenteeism

If there is a transfer clause, then stick to the transfer policy. Let the employee's service be transferred to the new place. If he remains absent in the new place, warn him about his absence from the new place. Subsequently, you can issue a charge sheet and conduct an inquiry in the new place. If you can prove unauthorized absenteeism, then surely you can take necessary action, i.e., termination. Please note that after the date of transfer, he should be treated as an employee of the new place, and communications should be done from that place as far as possible.

You can follow these steps, provided that he has exhausted all his due leaves, and his medical conditions are duly considered.

Steps to Address Employee Transfer Issues

1. First, check the appointment letter and clauses mentioned for the transfer.

2. Is the transfer part of the normal process at the current location?

3. How many employees have been transferred earlier?

4. Is the transfer a form of punishment or part of the regular process?

5. Ask the employee to submit the medical prescription, diagnosis, test report, etc. After consultation with the company's doctor, convene a board meeting and set a date for the employee to present before the board.

6. Once all documentation is complete, you must issue a letter explaining the illness and the refusal to relocate, etc.

7. Upon completion of all documentation, you may issue a charge sheet and conduct a domestic inquiry for the charges leveled against the employee.

Accept his leave request on medical grounds and terminate him for continuous illness. This termination will not come under retrenchment under Section 2(oo) of ID Act 1947.