Taking decisions regarding an employee Leave off pay or leave without pay, due to an uncertain situation

Hello,

I'm working as an HR in a pharmaceutical company. As an HR, I need to make a crucial decision regarding one of my employees who has been unable to work for the past 2-3 months due to medical issues. This situation is impacting organizational productivity as he has failed to meet the expected work standards and performance as required by the company. As an HR, can I make a decision to place him on LOP/LWP (leave of/without pay)?

Please advise.

Hi,

How long has the employee been associated with the company? If the nature of the sickness is genuine, you may consider providing leave for him until the leave balance is in credit.

Thank you.

The employee is on leave due to medical reasons for the past 2 months. This is the time to show your genuine concern for the people, leave aside the performance issue in this period. The employee needs your support and concern, and a genuine approach to resolve the employee's problem would be remembered by the employee always. This will also give a positive image of your HR practices.

So talk to the employee, find ways and means to support him/her, and you have won the heart.

Employees are human. Earlier, we used to say, "I have ten hands, or my headcount is 25." This simply meant that we were concerned with work only. But now we employ the complete person or even further, including their family. Every human is subjected to sickness, loss, accidents, or anything. There are no exceptions. One can take care, but there are numerous causes beyond our control.

The question is, when an employee contracts sickness for 2 months and is unable to work, how do we approach this situation? After all, we are here to conduct business, not engage in social work. However, some humanitarian aid is necessary. Consider not just his years of service but also his contribution and value to the organization.

If he is a troublemaker, seek legal remedies. If a worker is unable to perform his duties continuously for 2 years, then termination may be considered. This can be easily proven if the worker is frequently absent. Even if present but not fulfilling assigned tasks, it should be documented and substantiated.

If the worker is valuable, discuss with other workers or the union to address it collectively, as he may have the sympathy and support of all. The company may have a medical assistance program, and the worker can avail advances from the Provident Fund. Both workers and the company can pool resources to assist the sick worker.

The worker also bears some responsibility. If unable to work for an extended or permanent period, he should voluntarily step aside. As Swami Vivekananda said, "If you are not working, move away, let others work, don't block their way."

In essence, make decisions collectively. Consider both emotions and legal aspects.

Vibhakar Ramtirthkar
9371001906
snehvibha@yahoo.com

Dear Anonymous Citehr Member,

Relevant views have been expressed by our senior professionals. Leave is always granted according to the leave policy of the company. Kindly verify the authenticity of medical certificates submitted by the employee and depute some HR official to visit the employee to see his/her health issues and extend good wishes for his speedy recovery. If everything is genuine, LWP/LOP can be granted at the request of the employee when other types of leave are exhausted. It may be noted that leave cannot be granted suo motu by any company. A proper application supported with MC is to be given by the employee; otherwise, it will be considered unauthorized absent.

It will be appreciated if you validate the answers given by our professional advisers to demonstrate your gratefulness.

Chandramani Lal Srivastava
Master Consultant
9315516083
New Delhi/Sunday/06.11.2022/7:46 am