Can We Let Go of an Employee After Medical Leave? Seeking Advice on Policies and Ethics

Dear All,

I have a senior employee who had a medical emergency and took one month of leave. He has since rejoined, but his performance is not up to the mark. We are considering asking him to leave, but are there any policies that prevent us from terminating his employment shortly after his medical leave? I am seeking some valuable suggestions!

Thank You,
Preethi

If that particular employee is a good performer, why not provide him with some more time to prove himself? How long has he been in the service of your company? You have not mentioned that information.

I would suggest you talk to the employee, discuss with him the performance issues, listen to his feedback, set a reasonable time frame for him to perform, and make it clear to him that in case of non-performance within the stipulated time frame, he will need to part ways. Document the agreement and get it signed by him.

In case of further non-performance, you can encourage him to submit his resignation and depart properly.

Dear Preethi, it is obvious that there would be an impact on performance when one is recovering from sickness. This change in performance is for a temporary period. During this period, management has to take care of the employee to recover but not to remove them from the job. Are you sure that the person replacing them would be able to deliver up to your expectations from day one? It is completely wrong if you are thinking so.

Termination Considerations

You simply cannot terminate someone as per your wish or whim. You need to follow the rules for termination to stay safe from a legal standpoint.

What I gather from the issue you explained is that the employee's underperformance is leading to his termination, not medical leave. So, let's clarify this first. The termination of employment should align with the agreed conditions outlined in the contract. When a contract is drafted, it takes into account various employment laws and the organization's concerns. Therefore, you should refer to the respective employee's contract for clarification.

Moreover, if the employee had a good performance history before facing medical issues, it is essential to offer him time, support, and counseling. This approach could significantly benefit the situation. Seasoned, high-performing employees are valuable assets to any organization, and replacing them involves time and risks.

Good luck 

Legal Considerations for Employee Exit

If this is to be taken on a strictly legal note, my advice would be not to proceed with exiting the employee. It would have to be inquired whether the reason for non-performance is attributed to any consequence of the medical condition that the employee had been facing. If it is, then the employee can be sent on medical leave again, providing him with the opportunity to receive treatment and fully recover.

When to Consider Exit Proceedings

If the reason for non-performance is proven to be not related in any way to the medical condition, and if all procedures for performance improvement have been taken by the company, then there is scope for exit proceedings. However, the possibility is that in such a short period of time since the employee's return from medical leave, it is unlikely that all performance improvement plans have been completed. Therefore, it would be advisable not to proceed with an exit at this point.

Hi All,

Thanks for the valuable feedback! It's my first post on CiteHR, and I never expected to receive such good responses. I am sorry I forgot to mention, "The employee joined on 1st April 2018, and from August 2018, he was not performing well. This issue persisted as he was referred by our senior manager, and we did not take any decision. In February 2019, he took a month-long medical leave. Upon rejoining, his performance level remained the same as before."

Documentation and Performance Management

You mentioned that the employee joined in April 2018, and from August 2018, he started underperforming. However, after August 2018, did you issue him any warning letter or show cause notice? What kind of documentation do you have?

He took a month's medical leave in February 2019. His performance remained subpar even after he resumed his duties. Have you issued him any show cause notice or a warning letter? What documentation have you prepared?

If there is no existing documentation, it is advisable to issue him a show cause notice and request an explanation for his underperformance. Regardless of his defense, issue him a warning letter clearly stating the deadline by which he should show improvement. If there is no improvement, the administration reserves the right to terminate his services.

If the performance does not improve even after this, proceed with a domestic enquiry.

By the way, you mentioned seeking advice from seniors while maintaining anonymity. However, propriety requires the disclosure of your identity. Your case does not seem so critical as to warrant anonymity.

Thanks,
Dinesh Divekar

Employee Performance and Probation Period

The concerned employee, as mentioned, joined the company in April 2018. During this period, he must have been on probation for a specific duration (3 months, 6 months, or 1 year). I believe that in such cases, definite action could be taken if his performance was not satisfactory.

Documentation and Justification

In case there is no mention of probation in the offer letter, 2-3 letters should have been issued inquiring about his underperformance. These letters should be kept as records for taking any drastic action, if necessary.

Before asking him to leave, you need to justify your action.

Regards, bkmohantsr
Consultant, HR
[Phone Number Removed For Privacy-Reasons]

Hi! Herewith my 2 cents opinion.

Perform > Keep > Develop > Reward > Benefit > ROI

Not perform > Train > Set duration > Set Target < Performance Improvement Plan (PIP)

Target achieve > Keep > Develop

Target not achieve > Details report & document > Explain > Set duration to leave > Set last date

Avoid 24 hours notice termination. Give a reasonable date and time.

The Consultant