Handling Unauthorized Leave: How to Address Immediate Termination for a Probationary Employee

Termination of a Probationary Employee

An employee, who is a fresher on probation, took 7-8 days of leave without permission. When asked via email, he replied citing his parents' sickness as the reason. The company wants to terminate his services immediately. The company asked him to report immediately, but he did not comply. How can we proceed with terminating him immediately?

Dear Rashmi,

Understanding the probation period

Probation is a crucial period in a new employee's career, during which all his latent potentials suited to the job, as well as the work culture of the organization, are objectively assessed by his employer. If he lags behind in fulfilling any such standards, the employer is at liberty to either extend his probation to give him a chance to rise to the occasion or to simply discharge him as per the conditions contained in the contract of employment.

Considering unforeseen circumstances

At the same time, the employer can be considerate of certain real-life situations that are unforeseen in a person's life, notwithstanding his employment commitments. A sudden and serious illness of parents that demands filial devotion is one such contingency to which no son can be indifferent. However, even if he was compelled to go on leave immediately without formally applying for it, he could have informed the employer without waiting for the employer to ask about the unauthorized absence, as timely communication is an essential aspect of employment. It is quite natural that freshers may get perplexed in uncertain situations like this.

Recommendation for HR professionals

As an HR professional, you may verify the legitimacy of the reason provided by the employee. If it is true, and the employee is otherwise a suitable candidate based on his functional head's evaluation, it is recommended to extend his probation period instead of resorting to discharge simpliciter at this stage.

Thank you.

Hello Rashmi, the best solution to this issue is:

1) Try to analyze the truth behind the reason he gave for the leaves, i.e., ask for medical reports of his parents or in whatever way suits you to verify.

2) If the reason is genuine, then you can extend his probation duration to the number of days he takes to resume his services.

3) If the reason is not genuine, the company has the right to terminate him immediately without any notice. In this case, you can send him the termination email mentioning the reason for termination.

If this probationer has completed 240 days of service and falls under the category of "workman," then retrenchment compensation will have to be paid simultaneously with the act of termination. Otherwise, the termination is likely to be declared illegal if the employee moves to the Labour Court.

Regards, S.K. Mittal

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