Navigating Unauthorized Leave: Could Terminating a Permanent Employee Lead to Legal Issues?

Dear Seniors/Team,

Please advise on the following:

Unauthorized Leave and Show Cause Notices

One of our department HODs (confirmed employee) took unauthorized leave. When checked with him, he claimed to have fallen sick and promised to return to duty within a couple of days. However, he failed to report for duty as committed. Consequently, we issued a show cause notice requesting medical certificates and an explanation for his absence. Upon his return to duty, he provided the medical records and an explanation assuring that such behavior would not recur.

After working for approximately 4 to 5 days, he orally requested 3 days of sick leave, which he later extended without proper approval or notification. We considered this extended absence as unauthorized and sent a second show cause notice to his residential address via Registered Post, Personal, and Official Email. The letter was returned to us due to his unavailability. Upon his return to work, he submitted medical certificates but failed to provide an explanation, promising to do so within a day.

Subsequently, he worked for 7 days before requesting another 2 days of sick leave, which he later extended without proper authorization. Once again, we classified this as unauthorized leave and issued a final show cause notice, citing the clauses from his appointment—stating that failure to resume duty with an explanation within the specified timeframe might lead to termination. However, he neither reported nor submitted an explanation letter.

Concerns and Potential Consequences

In total, we have issued 4 show cause notices over the span of four months for similar incidents. It is concerning that he signed only one show cause notice, while two were returned to us. Additionally, he submitted two different medical certificates for those leave days.

We suspect possible interference with the postal service leading to the return of the notices. Furthermore, he has borrowed money from both colleagues and external vendors.

In this situation, if we terminate his employment, could we face any consequences? Should he decide to take the matter to a labor court, would we encounter any issues?

Please advise accordingly.

Thank you.

It clearly shows the lack of interest of the employee in continuing the services, either due to illness or personal issues. Although you have issued four warnings/show causes, only two of them were acknowledged. Please try to reach him over the phone and find out whether he is interested in continuing or not. As a final opportunity, send him a final warning—set a reasonable date to report—and make it clear in the letter that if he fails to contact the office/report to the office, his services would be terminated without any further information. Even if RPAD bounces back, do not open it—file it in his personal file.

Furthermore, make it clear in the letter that despite sufficient opportunities provided, he has failed to report without any sufficient reason or cause, resulting in hardships for the department due to his absence, etc. In the final warning, recall all previous warnings/leave history. You could have taken his correct residential address with proof when he resumed after the initial leave. Always keep updating the contact addresses of all employees every six months.

Dear Bala,

For any repeated case of absenteeism, you need to conduct a proper domestic enquiry after serving a charge sheet to him and give him the opportunity to defend his case before the enquiry officer. Please note that any illegal termination without a proper enquiry would be null and void before the labor court. Hence, follow the due process of law, take advice from a labor lawyer before you take any punitive action.

Another option available is 'please put up a notice on the local language and the local newspaper' being in circulation in his residing area, with a copy on the notice board for his co-employees to communicate to him, to prove all possible efforts have been taken by the management to reach the workmen. Contact the ESI doctor/local office for his continuous absence and ensure that the workmen were not on ESI leave on the day of proposed termination.

Dear Bala,

Please check your standing order to deal with unauthorized absences or absconding from duty without intimation. If you do not have one, all notices sent by post that are returned should be posted on his door/gate and also published in the local newspaper.

You can issue a fresh notice of abandonment of service if the individual fails to resume duty within three days of the publication of this notice.