Long Absenteeism Due to Illness: How to Legally Terminate an Employee in Tamil Nadu?

Hi everybody,

I need the Acts and rules of Tamil Nadu under which an employee can be terminated due to long absenteeism (more than 3 months) because of illness. Kindly help me with the exact letter format to proceed with the same.

Thank you,

Sujatha Suresh

Asst. Manager - HR & Admin

Hi there, I am not sure if all due processes have been followed.

Understanding the grounds for illness

First of all, you need to know the grounds on which the person is ill. Next, medically, if an employee is not in a position to report, then how do they report to work?

Communication and medical support

As long as there is communication from the employee and it is supported by necessary medical certificates, then a reasonable amount of time has to be given for the employee to recover. Alternatively, personally, an HR person visits the person's house to get first-hand information.

Notification process

Subsequently, send a mail to his/her present and permanent address giving time and asking to report. Once you feel the illness has subsided or is no longer present and the employee is not traceable, send it by registered post with an acknowledgment due.

Building a case

Build a case; in general, you cannot terminate an employee when they are actually sick, as it will not hold a good case for the company. Hope all the above steps are followed before any action is initiated from your end.

If the employee has not reported any health issues, he has to send an official email or update the respective HR. If there is no such information passed on, the employer can issue an absenteeism letter after 3 days from the Last Working Day (LWD). After that, if there is no response from the employee, termination can be initiated due to lack of intimation.