How to Handle an Employee Taking Excessive Unpaid Leaves Due to Health Issues?

Dear Sir, We have had an employee since 2013. Initially, she worked properly, but for the past 4-5 years, she has been taking a lot of leaves, not working properly, always on her personal mobile, and coming and leaving whenever she wants. In 2020, after a few verbal warnings, HR issued a warning letter, and she assured us it wouldn't be repeated. Additionally, she received a warning letter in 2018 for threatening a marketing person by saying she would involve the police without seeking internal help.

I have recently been promoted as her manager, and the management expects to see a positive change in her behavior through me. However, they mention that she frequently takes leave citing health issues, making it challenging to suspend her.

The organization provides 30 paid leaves annually, yet she takes between 100-170 days off each year. This week, she claimed she couldn't come to the office because she can't breathe, lives alone, and has no one to care for her. When I inquired further, she responded rudely, stating that I should know she has been unwell and living alone with no support.

She consistently uses health reasons for extended breaks annually, and it seems this pattern will persist indefinitely. Consequently, legal action seems unfeasible in this situation considering she will likely continue this behavior.

This is a multinational company, and she holds the position of a customer service coordinator. She joined in 2013, is 33 years old, and resides away from her family in a PG accommodation. Please let me know if you require any additional information.

Kindly provide guidance on this matter.

Thank you.

It appears that the employee is management staff and not covered under the ID Act. Whether they are a worker or manager, it is not acceptable for an absence of 100-170 days on a continuous basis.

They may have a genuine health issue, and the organization has provided support for many years, which, in my opinion, PNJ has been followed. To assess the real health condition, they may be examined by the company's doctor or any government hospital. Based on the findings (whether psychological or genuine), necessary actions may be initiated by the organization.

They may be asked to take VRS with some additional money as a golden handshake for a smooth separation. If not possible, my personal opinion is to issue a charge sheet (even for management staff), mentioning the leave dossier (LWP days, etc.) and request an explanation. Conduct an inquiry and, based on the findings, take the necessary actions, including termination.

S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To strive towards excellence with effort and integrity

Please prepare a dossier outlining her absences and past misdemeanors before confronting her. As you are new, you have an opportunity to intervene and attempt to resolve the situation. No organization can tolerate such attitudes and behaviors, and this must be clearly communicated to the employee.

Engage in a conversation with her, allowing her to express her emotions and frustrations. Strive to find a solution that meets work requirements. If unsuccessful, you may need to consider the legal options previously mentioned.