How Should Employers Handle Medical Leave for Probationary Employees Needing Surgery?

Handling Employee Leave During Medical Situations

What if an employee has been taking leaves, and then the same employee has to undergo surgery and needs to take more leave? How should an employer deal with this situation? Additionally, if the employee is in their probation period, how should an employer handle this?

In such circumstances, it is important for the employer to show empathy and understanding towards the employee's health condition. The employer should review the company's policies regarding medical leave and work with the employee to ensure they receive the necessary time off for recovery. Communication is key in these situations to clarify expectations and ensure a smooth transition back to work after the recovery period.

Managing Leave During Probation Period

During the probation period, the employer should still adhere to the employment laws and company policies related to medical leave. It is essential to handle the situation fairly and consider the employee's well-being while also maintaining business operations. If necessary, the probation period may need to be extended to accommodate the additional leave required for recovery. Open communication and flexibility from both parties are crucial in managing such circumstances effectively.

Probation and Leave Policies

Probation, being a temporary phase and lasting for a specified period for a newly appointed employee to a regular post, is not exempt from the conditions of service and employment benefits applicable to confirmed employees. However, it is the general practice of employers by convention to restrict the number of days of leave during the probation period to ensure continuous on-the-job training or orientation with the organizational work culture.

Sudden illness requiring long hospitalization is an unavoidable situation for any employee, irrespective of their status. Therefore, it is a matter of the employer's discretion, subject to the exigencies of work and employment policy.

Handling Leave During Probation

Leave without pay can be granted with a proportionate extension of the probation period, or the employee can be discharged.

Handling Frequent Leaves During Probation

There are cases where some employees, during the probation period, have had to take frequent leaves. However, once they overcame their difficult phase, they proved to be real assets to the organization. You need to decide the matter on its merits. If leave was sanctioned in past instances, then no action can be taken on it.

In case you are satisfied with the genuineness of the medical grounds, you can consider the request and allow Leave Without Pay (LWP) or Extraordinary Leave (EOL) and regularize the absence. However, if it is felt that the employee on probation is unfit for the organization, then take action to discharge the probationer on this ground.