Excess unpaid leaves every year - The organization gives 30 paid leaves every year and she takes 100-170 a year

Dear Sir, We have an employee from 2013. Earlier she used to work properly but since past 4-5 years she is taking alot if leaves, doesn't work properly, always on personal mobile, come and leave whenever she want. In 2020 after few verbal warning HR had issued warning letter and she said it wont be repeated.
Apart from this she was also given warning letter in 2018 for threatening a marketing person that she will call police against him and did not take internal help.
I'm recently promoted as her manager, management expect to see change in her through me but they say she takes leave on ground of health issue everytime so we cannot suspend her

Kindly advise if this is right
The organization gives 30 paid leaves every year and she takes 100-170 a year
For this whole week she again said can't breathe, i live alone won't come to office and took off. When i asked for reason she replied rudely you should know i have been sick and i live alone i have no one to take care.

She has always used this reason for long break every year and she will continue this forever
So we really cannot take legal action sir

This is MNC company
Her designation is customer service coordinator
Joined in 2013
She is 33y
Lives away from family in PG
Please inform if you need any other detail
Kindly help sir

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

She may have genuine health issue and the organization has been provided support for long years which is to my opinion PNJ has been followed. To judge the real health condition she may be examined by Co's doctor or any Government hospital. Based on findings ( May be psychological or genuine ) , necessary action(s) may be initiated by the organization.

She may be asked to take VRS with some golden hand shake extra money and that will be smooth separation. If not possible, my personal opinion that to issue one charge sheet (even for a management staff) mentioning the leave dossier ( LWP days etc.) and ask for explanation. Conduct enquiry and based on findings take the necessary action including termination.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
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Pl prepare a dossier of her absence and other misdemeanours of the past and confront her. Since you are new, you can intervene and make an attempt to resolve. No organisation can tolerate this sort of attitude and behaviour and this has to be clearly conveyed to the employee.
You need to talk and give an opportunity to her to let out her emotions and frustrations. Try to work out a formula that satisfies the work requirement. Otherwise, you may resort to the legal option already pointed out above.