Employee Illness Dilemma: Should We Keep Him on or Let Him Go After Three Months?

Please advise me that a workman has been absent for the last three months due to his illness. Now that he is not fit to work in this condition, should we continue his service or retrench him?

If he is covered under ESI Scheme, write a letter to the Medical Officer attached to ESIC to constitute a board and decide/request about his fitness for the nature of the job. If not covered under ESI Act, you may request the Medical Officer of the Government General Hospital and ask him to constitute a board for his fitness certificate. Based on the medical report, you can initiate action on the sick workmen.

Dear Rana, what is the nature of the illness? It is understood that when an employee is sick, he cannot attend work. What is the nature of the work and designation?

As an employer, you should follow healthy management practices. Instead of resorting to retrenchment, explore the possibility of providing the best medical facilities and aiding in his recovery from illness.

Dear Rana, this is in addition to what the previous two members have said. If the workman has not been reporting for his duties for the last three months, then did someone from HR visit his home or hospital? What is the diagnosis? Depending on the diagnosis, make a decision regarding his termination. If his illness is severe but could be cured, then you may keep him on the company's payroll. Since he will be absent, you won't have to pay any salary, thus there is no financial liability for keeping him on the company's payroll.

I recommend keeping him on the company's payroll because his family could be facing hardship, and when he becomes fit to do his duties, he would need employment. At that time, he can easily resume his duties. I am recommending this out of a humanitarian approach. However, before making this decision, obtain approval from the top management for keeping him on the payroll. If you are from HR, then it should not be solely your decision.

Thanks,

Dinesh Divekar