Employee Takes Leave Without Notice Again – What Steps Can We Take Now?

Action for Uninformed Leave

What action can be taken if an employee takes leave without informing, despite having already received a warning?

Hi, it depends on the situation. If a first warning has already been issued, you may issue a second warning letter referring to the first warning letter. However, if the employee is habitually taking leave without providing information for extended periods, then you may issue a show-cause letter. If the reply from the employee is not convincing, proceed with suspension pending an inquiry. I would suggest keeping these measures as a last resort.

Hi! Firstly, convey the company's disciplinary policies to your employee, and ensure the employee is clearly informed of the consequences, followed by two warning letters.

Secondly, if everything fails, understand the aspects that are causing your employee to commit such a rogue case. In most scenarios, this solves the problem.

Termination, demotion, suspension are your last resort!

Dear Jain Heights,

Greetings. If an employee takes leave without informing their employer, despite already receiving a warning, the company can take further disciplinary action, which could include a more serious written warning, suspension, or even termination depending on the company policy, the severity of the situation, and the employee's past disciplinary record.

Review company policy

Always refer to your company's employee handbook to understand the established procedures for addressing unauthorized absences and the potential disciplinary actions associated with them.

Document everything

Meet with the employee

Progressive discipline

If this happens regularly with the same employee after a written warning, send a suspension notice with a serious note, which will lead to termination. Mention that it will be intimated as a "No call, No show" incident, which will affect their further career with any company in the future. Suspension without pay.

If an employee is found habitually absent from work, you may follow the steps outlined below over a period of time:

a) Issue an Advice Letter (if required, you can also have a counseling session)
b) Issue Warning Letters twice
c) Issue a show cause notice and suspend the employee after conducting a domestic inquiry (1 day, 3 days, 5 days, 10 days, 15 days, and 30 days)
d) Finally, you can consider imposing the punishment of dismissal.

The punishment should always be in a progressive manner to demonstrate that the management is handling disciplinary matters fairly and appropriately. During the domestic inquiry, the Employee Officer should ensure that the principles of natural justice are strictly followed, and every fair opportunity is given to the delinquent as per the rules.

Regards,

First and foremost, it should be well established, with documented evidence, to prove the employee is 'habitually' absent on multiple occasions. Warnings should follow. Once there is sufficient evidence, a formal departmental inquiry shall be ordered by the competent authority, and the erring employee should be represented by a union representative. If the inquiry finds that the employee is guilty of the charges, the disciplinary authority may recommend actions such as postponement of increment, salary reduction, denial of promotion, etc., which are typically appropriate punishments. Repeat occurrences of the same indiscipline should be followed up with another disciplinary inquiry, which may recommend suspension for a specific period. If all these steps do not result in behavioral changes, more severe actions, including termination, may be necessary.

Dear Jain-Heights,

Communication and Investigation

- Contact the Employee: Try to reach the employee immediately via phone, text message, or other means to understand the reason for their absence and when they expect to return. If unable to contact the employee, leave a clear message asking them to respond promptly.
- Conduct an Investigation: Look into the details of the unauthorized leave, such as how long they've been away, the possible reasons, and whether there are any special circumstances. Check if there are any relevant records or witnesses.

Disciplinary Actions

- Issue a Written Warning: If the first warning didn't work, send a more severe written warning. Cite the previous warning and the current unauthorized leave, making it clear that this behavior is a serious violation of company policies and stating the potential consequences if it happens again.
- Suspend the Employee: For repeated offenses, a suspension without pay for a certain period might be appropriate. This could be 1 to 30 days, depending on the company's policy and the severity of the situation. Before the suspension, conduct a proper inquiry and give the employee a chance to present their case.
- Dismiss the Employee: If the employee's actions seriously disrupt the company's operations, cause significant losses, or have a history of repeated violations, termination of the employment contract may be necessary. Ensure that the dismissal follows legal procedures and is well-documented.

Financial Penalties

- Deduct Wages: Deduct a portion of the employee's salary for the period of unauthorized leave. The deduction amount should be in line with the company's regulations and the length of the absence.
- Withhold Bonuses or Incentives: If the company has a bonus or incentive system, consider withholding the employee's bonus for the relevant period or project due to their poor performance in terms of attendance and discipline.

Other Measures

- Require a Written Explanation: Ask the employee to provide a written explanation for their actions. This can help the company understand their perspective and also serve as a record.
- Document Everything: Keep a detailed record of all communications, warnings, investigations, and actions taken. This documentation will be useful if there are any future disputes or if the company needs to demonstrate its handling of the situation was fair and proper.
- Review Company Policies: Use this as an opportunity to review and potentially strengthen the company's leave and attendance policies to prevent similar situations in the future. Make sure all employees are aware of the policies and the consequences of violating them.

Thank you and best regards,
John Chiang