Employee on Leave After Accident Not Responding – What Should We Do Next?

One of our employees met with an accident one month ago. He requested a 15-day leave which we approved. However, he has not returned or responded to our calls or emails since then. Last week, we sent an absconding letter to his permanent residence but have not received any response. Please advise on the next steps.

Frame charges of unauthorized absence and initiate disciplinary action.

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Hi,

Thank you for your message. Based on the information provided, it is important to address the issue of unauthorized absence. To proceed, we need to formally frame charges regarding the unapproved absences and follow the established disciplinary procedures.

In accordance with company policy, unauthorized absence is a serious matter that requires appropriate action. By initiating disciplinary measures, we aim to address this issue effectively and ensure compliance with attendance policies.

Please let me know if you need any further assistance in this matter.

Best regards

Handling Employee Absence Due to Accident

Since the employee met with an accident, would it not be premature to take action for termination as the employee is not responding to your attempts to contact him? Considering the nature and location of the accident, you may try to empathize with his situation and allow a little more leeway.

Steps to Follow Before Termination

Presuming that you have a clause providing for termination in case of voluntary abandonment, you must adhere to the minimum principles of natural justice before striking off the employee's name from the company's roster. To do this, serve him a notice informing him that he has been on unauthorized absence since --/--/-- and demanding that he resume duty within three days of receiving the notice. Failure to do so would lead to the presumption that he has abandoned his job, and subsequent action as per the specified clause would be taken against him. Send this communication to all his known addresses via registered mail. Wait for the acknowledgment to be returned as having been received or refused. If he fails to return, you can proceed with the presumptive clause and take action to strike off his name.

Alternative Actions If No Clause Exists

If there is no valid clause in the service conditions for such a situation, you should follow the disciplinary action recommended by the esteemed Umakanthan Sir.

How do you know if he had met with an accident? Is it as per his statement? If not, then it is false. He might have got a better opportunity elsewhere and wants to quit without any notice.

Regards,
Suresh

You sent another communication with charges and advised him to join within the stipulated time, or otherwise, action deemed fit shall be initiated without further intimation. If you are framing charges, then follow the clause under SO or your company policy.

Dear colleague, since he is absconding/non-communicative after the accident, first ascertain from reliable sources that he is alive and well. Then, resort to the action of voluntary abandonment after communicating with him in writing to report for duty within 3 days from receipt. If he fails, strike out his name from the muster. Remember that the legal position on voluntary abandonment is that it is not a matter of inference but has to be proved in the inquiry. You can still take a chance, and if it goes unchallenged, well and good; otherwise, you will have to hold the inquiry and follow the due process.

Regards, Vinayak Nagarkar, HR Consultant

Start an enquiry process. Inform employees in writing about the enquiry. Send an employee to his local address to meet him and find out the factual position. Give opportunities to the employee to defend his position and finalize the enquiry as quickly as consistent with natural justice. Private companies cannot keep indefinitely waiting for employees to come back.

I would second KKHR in his views. Please send him a letter stating that he has been on unauthorized leave of absence since [date]. Also, how did you conclude that he really met with an accident? Is that just a reason stated by the employee? Use registered post to obtain the accepted/denied receipt. After that, you can make a decision accordingly. I hope he doesn't have any company belongings with him.