Can We Discipline an Employee on Long Leave Due to Accident and Private Treatment?

Hello everyone. Wish you a very happy Navratra! One of the ESIC employees got into an accident and is receiving treatment from a private hospital. My query is, as he is not availing the benefits under the ESIC act and has been absent for the last year, can we take disciplinary action against him? We have already sent him a show-cause notice regarding his long-term absenteeism, but he consistently claims to be under treatment and provides replies with supporting doctors' prescriptions and reports. Please suggest what steps to take as the management is unwilling to retain him.

Hi, yes, if the employee is not reporting without proper justification, then disciplinary action can be initiated. If the employee justifies his absence through medical reports, then communicate to him through Registered Post With Acknowledgement Due that he will be required to appear before the Company-nominated Doctor who will examine the genuineness of the illness. If he is genuinely medically ill, he will not mind appearing before the company-nominated Doctor; otherwise, he will not respond to the letter.