How Should We Handle a Probationary Employee's Surgery When Family Can't Be There?

Dear Team,

Employee Accident During Probationary Period

Scenario: An employee who is on probation met with an accident over the weekend while on a trip. He is from another state. It appears his leg is injured and requires surgery. When contacted, his relatives mentioned it is difficult for them to travel, and he can look for any friends to sign the pre-surgery form. However, he stated he has no friends available. Kindly advise on the procedure. He joined just 2 months ago and is unmarried.

Waiting for quick suggestions.

In this situation, the company should handle the matter with empathy while ensuring legal and procedural compliance. Here's the step-by-step approach:

1. Immediate Medical Support
Confirm that the employee is receiving proper medical care and is stable.
Ensure that the hospital has all necessary medical documents, including identification and insurance details.

2. Consent for Surgery
Since the employee has no family or friends available to sign the pre-surgery form, consider the following options:
Hospital's Standard Procedure: Most hospitals have a process for situations where there is no immediate guardian. They may allow the patient to sign for themselves if they are conscious and mentally sound.
Company Representative: If permitted by the hospital, an HR representative or a senior manager may sign the form as a witness (not as a guardian) to ensure that the employee gets necessary treatment.
Legal/Notary Alternative: In extreme cases, a notary or hospital legal officer might help in granting permission for surgery.

3. Contacting the Family Again
Explain the seriousness of the situation and encourage at least one relative to travel if possible.
If they still refuse, get a written confirmation (email/message) that they are unable to come.

4. Insurance & Financial Assistance
Check if the employee is covered under company health insurance.
If not, assist him in exploring personal insurance or employer-based financial support.
If necessary, an advance salary or company-sponsored medical loan may be considered.

5. Post-Surgery Support
Arrange leave as per the company's policy (paid/unpaid medical leave).
Support with temporary accommodation if he is unable to return to his native place immediately.
If needed, help arrange home care services or rehabilitation post-surgery.

6. HR & Legal Documentation
Maintain records of all communication regarding the situation.
If the company offers an Employee Assistance Program (EAP), connect him for counseling and support.
Ensure compliance with labor laws in case any employment-related decisions need to be made later.
Would you like me to draft a formal email or document to assist in communication with the hospital or employee's family?

Dear friend,

It is not always possible for the concerned party to reach a distant location on short notice. In such scenarios, the employer is usually the most readily available person at the location.

Role of HR in Emergency Situations

The HR person can sign on behalf of the relatives if they have provided consent to proceed and can maintain a record of this consent or any email correspondence as evidence for future reference. The probationer's status remains unchanged compared to other employees unless the probation is officially revoked.

It's not always required for any relatives to be by the side of the injured. I wonder why the 'Casualty' section should wait for someone to sign the forms. If an unconscious victim of a road accident is brought to the nearest hospital where emergency medical attention is needed to save a life, that hospital should not delay the procedure depending on the grave situation. The recent guidelines issued by the health ministry should be noted by all citizens. There is nothing wrong with any responsible person or employer signing the forms in an emergent situation. Humane instinct does not look for an escape route or pass the buck. Human life in danger should be saved at all costs without delay. HR or anyone known has the moral responsibility to enable emergency medication to reach the victim as soon as possible.

If the patient is unconscious and cannot sign, someone needs to sign on his behalf.

Approval Process for Signing on Behalf of a Patient

The HR head can take approval from the relatives (via recorded voice message, WhatsApp, etc.) or send the form to their mobile, asking them to sign and return it to the hospital.

Challenges in HR Decision-Making

While it is easy to say HR should have empathy, the reality is that no one wants to take the risk. If something goes wrong, the relatives will blame the HR person who signed the form.