Dear All,

Please help me in this matter. We are two people in the HR department. I joined this company in August as Manager HR. Before that, another lady has been working for the last 3 1/2 years; however, she has been quite irregular in attending the office. Every month, she takes at least 8-10 days of leave, which is generally Leave Without Pay (LWP) as she does not have any leave balance in her account. In November, she applied for 2 months of continuous leave as her mother was unwell and obtained approval from the Managing Director (MD) on humanitarian grounds. Now that she has rejoined in the last week of January, she has started taking leaves again. For example, she took 7-9 days of leave in February by sending an SMS stating that she was unwell.

Once more, in March, she has already taken more than 10 days of leave, citing the same reasons for being unwell. She never comes to discuss anything with me. Being her senior, I have to unnecessarily depend on her for the little work that she hardly does. I have already discussed this verbally with the MD. Please advise me on how I can document this issue in writing and take disciplinary action. She is of no use even if she attends the office.

Thank you for reading and assisting me. I hope to have my query resolved.

Regards,

Richa

From India, Delhi
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If MD is directly sanctioning the leaves without the approval of the HOD, then there won't be any control. Please take out all the details and forward to MD for his information and suggestion. Based on his inputs, initiate action because if you initiate action without MD's written approval, then MD may not accept it, and unnecessarily, you will have to face the consequences.

You should meet MD with the details and also brief him that if an employee in HR is not disciplined, then you may not be able to initiate action on any employee. Whenever you want to take action, they will raise a finger against your colleague and ask for commonality among the employees.

Regards - Kamesh

From India, Hyderabad
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I have already discussed this with the MD, and he verbally informed me that we will ask her to leave. However, there has been no further communication from his end. Please suggest if I should send him an email to confirm his final decision on the matter.

Regarding disciplinary action, it is challenging as we cannot claim she has taken uninformed leaves since she only informs us through SMS.

From India, Delhi
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You can not take any initiation, it seems to me that leaves are permitted by MD. It is advised that you should ask how to tackle with the issue in her absence. S.K.Nigam
From India, Kota
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No, the MD is not informed about the leaves. She only informs me every time through SMS. The MD has told her that she is reporting to me, and she should ask for leaves from me. But it's high time; I can handle the situation as an undue advantage is being taken.
From India, Delhi
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SMS is an intimation, and after reporting to duty, has she obtained written permission/approval? If not, then it amounts to unauthorized absence. If I am not wrong, your MD is the disciplinary authority; hence, draft a show cause notice and ask for an explanation. The show cause notice should be signed by your MD. Based on the explanation submitted, proceed.

Regards,
Kamesh

From India, Hyderabad
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Dear All,

I have vast experience in such cases, and I am sure that there is some relation between them beyond official issues. It is better for Sh_dh1 to keep silent and do his work; otherwise, I am sure the MD will support that lady, and finally, Sh_dh1 will be the loser.

Try to keep it up and do your best to find a good solution for this issue.

Nejati80

From Singapore, Singapore
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Hello Nejati,

I have also gone through many cases related to leave, and in the sh_dh1 case, I completely agree with Nejati that both are related. That's why the MD is neglecting this case.

So, it's better to observe this case and keep passion.

Regards,
Maulik

From India, Ahmadabad
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This situation can be dealt with in a professional manner. First of all, you need to make an absence card for that employee. Make a note of all the absences she had during the current year. Now apply the absence policy:

1st Instance - No action, just counseling
2nd Instance - No action, just counseling
3rd Instance - Verbal warning, Counseling
4th Instance - Written warning, Counseling, No bonus, no promotion
5th Instance - Final written warning
6th Instance - Termination

In each counseling session, you need to take notes, make a note of reasons for absence, time and date of the meeting, and who is present in the meeting. Explain the absence policy. Now after the final instance, take all documents to the MD and inform him that now the company has proper proof to dismiss the employee with 4 weeks' or 1 month's notice.

From India, Hyderabad
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Although I agree with Mr. Netaji80, you should issue a show cause notice displaying all absentee records from the past 5-6 months. Give her two days to respond. After that, you can discuss with the Managing Director what further actions could be taken.

I have observed that in such cases, action takers will be punished. So, please be cautious.

From India, Gurgaon
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Dear Ramnaresh_20,
Many thanks for your kind notes as above, But all of us dealing with professional people in a professional manner in my idea first she is not counting in a professional category so why we should have some useless discussion with her in working environment that it will be case some type of gaps in our career path for our friend is better for look to another job or ignore this issue and do his work until and unless for a positive result in further since….. Some time we have to accept something that is not real!!!!!

From Singapore, Singapore
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Mr. Nethaji,

I don't agree with you. When you choose HR as a career, you should expect these kinds of hurdles in your profession. This is a sensitive matter, and who else can handle sensitive issues better than an HR professional?

Looking for another job? Are you just running away from challenges? What guarantee can you give that the next job will not present similar situations? Be strong and face the challenge. If you are confident and stick to the policy, no one can touch you.

Individuals like these should be penalized for their performance, sending a strong message to all other colleagues.

Thank you.

From India, Hyderabad
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Hi,

Here in this particular situation, I support Mr. Ramnaresh and completely agree with what he said. If you are working in HR, you have to be ready to face such kinds of situations.

More or less the same incident happened with me also. But, here in my case, unfortunately, that girl was one of my best friends. She was reporting to me. She was very irregular in her office timings. I tried my best with some counseling, then verbal warning, then the first written warning, and then the second written warning, but not much happened. So, I took a very hard decision and went ahead to my MD with all the proofs and her attendance records. No doubt, we lost our good friendship and had a heated argument, but in the end, she is very regular and punctual.

The above-mentioned real-life incident is a great example that while working in HR, sometimes we have to face challenges that can affect your personal relations as well.

But running from the situation or avoiding them never makes sense. Face them and solve them in a professional manner.

Regards,

Roopa

From India, Gurgaon
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Well said Mr.Ramnaresh. I understood that let the personal things can be apart & let us deal anything professionally... Learnt a very good attitude....
From India, Salem
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Thank you Roopa and Ram Naresh for your valuable support. In fact, I am a person with a very soft attitude towards people, so it is very rare that I am harsh or blunt with anybody. But thanks for the support, I will be more practical in my approach and will sort it out.
From India, Delhi
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hi all. 10q all for ur valuable views. i too am going through the same situation with sm of my staffs. now i feel i can handle my situation.
From India, Bhubaneswar
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I also agree with Netaji. Although you warned her through mail and CC'd the MD, one more thing you can suggest to her is that she cannot receive the bonus and other benefits. Ask her the reason why she is behaving this way. As HR professionals, we should always try to solve employees’ problems. First, try to understand her problem. If it is reasonable, work towards solving it.
From India, Pune
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That is why counselling is done at every meeting. The counselling should be done in such a way that the communication is 2 way.
From India, Hyderabad
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Hi Richa,

Based on the information provided, there may be an understanding between the MD and the HR in question. This understanding may have developed during her tenure in the company.

As the employee reports to you, please write a stern email to the individual in question, advising them not to take any further leaves. You can send this feedback today. If the employee takes another leave, resend the same email and request an explanation for the initial absence. Depending on the response, you can then cc the MD and escalate the matter formally. It is important to maintain the same email trail throughout.

After a period of time, or at least a month, you will have accumulated enough evidence in the email trail. This evidence can be used to make a final decision.

Please keep us informed of any updates.

Regards, Ramanaiah Dy. Mgr HR

From India, Vijayawada
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All said correctly. If I were you, I would write an email mentioning all leaves with dates and suggest to her not to take further leaves. A CC will be marked to the MD explaining the consequences that arise due to her absence.
From India, Warangal
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After going through the above discussions, it is observed that there was no systematic disciplinary procedure in your organization. If a systematic disciplinary procedure is in place in your organization, events like this may not happen. It also appears that your MD is very liberal towards female employees, despite giving little importance to official work. People like you will suffer a lot. However, my advice is here, which may be somehow useful to you.

First of all, you have to prepare a job chart for all employees in the HR Department and assign functions and duties specifically to be attended to by each employee in the HR Department.

Issue a circular to all employees to attend to their assigned duties without any dislocation or deviation. Failure to do so will result in action being initiated against them for the lapses.

Get the approval of the job chart of the employees from your MD and issue a circular to all staff with the approval of your MD.

In the instant case, you have to prepare a detailed note explaining the difficulties you face due to frequent leaves taken by the female employee. Bring this to the attention of the MD, explaining the work disruptions caused by the irregular employee. Inform the MD that you will not be held responsible for lapses committed by your co-employees in case of any dislocation and recommend suitable disciplinary action.

If your MD does not respond, keep the work pending, and periodically bring it to the MD's attention, seeking orders for further action. Keep your MD informed of every incident for further action. This will ensure your safety.

If there is a senior officer above your MD or a Managing Committee or Board of Directors, bring all the facts to their attention through your MD and seek advice for further action.

Initiate disciplinary action against the female employee for her frequent leaves after obtaining approval from your MD. Take stringent action for her unauthorized absences.

If despite all the above actions, the situation does not improve, submit a note to your MD for her dismissal from service and the appointment of a suitable substitute.

If your MD does not agree to dismiss her, ignore the issue and isolate her without assigning any important work. Manage the work with existing employees to prevent disruption. Such situations may exist in some offices, and we may not be able to do much about them.

Whenever your MD requests feedback on that employee, provide a detailed report on all the irregular absences to higher authorities for appropriate action. This will ensure your position remains secure.

From Canada, Calgary
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Unfortunately, in any organization, everyone thinks that they can interfere with the HR functioning - be it recruitment, increment, promotion, or last but not least, the termination of an erring employee. Your case serves as a classic example of this tendency.

In any functional area, for example, a doctor's, lawyer's, or design engineer's domain, nobody will interfere. We don't meddle in a doctor's prescription, nor do we interfere with an engineer's work while repairing our car, nor do we intrude on a lawyer's tasks in deciding how to frame a case - we give them full freedom to exercise their professional skills and discretion. But when it comes to HR - from the MD to the lowest level employee, they believe it is their right to interfere in HR functions and enforce their decisions. Hence, the job of an HR professional becomes truly more challenging and tricky compared to other professions.

I think the primary issue in this case is the absence of this HR employee not being felt by the MD because someone else is handling the extra workload, and the HR functions are running smoothly. Perhaps the best way to address such an irregular employee is to assign her the HR tasks of maintaining employee attendance and preparing payroll! Most importantly, no one else should take up this work! Then, perhaps the MD would be the first person to insist on disciplinary action against this erring employee.

I hope our members agree with me.

Thanks and have a nice day,

Nagaraj

From Sweden, Örebro
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Hi, I would suggest, as the immediate head of that staff, you should issue a memo mentioning the leaves she has taken. You can ask for an explanation because you have the right to do so. Then, meanwhile, convey it to the MD about the memo.
From India, Kannur
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Hello!

Your boss has a "Theory X" attitude. Unless your loyalty is proven, he will not approve the leave request for your subordinate. The challenge is how to demonstrate loyalty when the definition is determined solely by your boss. As a "Theory X" individual, he is unlikely to disclose this criteria to you.

In my opinion, you may need to consistently display loyalty for a few months before your boss recognizes you as being truly loyal.

Thank you.

From India, Pune
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I agreed with Mr. Netaji80, only MD can take such strong action. In this case you are not able to terminate her. So advice to keep silent. Truth come come in very short time.
From India, Rajkot
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Hello Richa,

You are new to the organization, and the employee whom you are addressing has been there for the last 3 years. She is used to accessing the MD directly before you joined. Now that you have come, she does not want to recognize your presence. This is common in growing organizations.

First and foremost, you have to speak to the MD regarding the reporting structure you have defined for her. He should not entertain any requests from her directly as you are her reporting boss. Once he understands and respects the reporting structure, it will be easier for you to handle her by speaking to her. If the situation does not improve, you need to check the termination clause in her appointment letter, which usually addresses this problem (if this is the only way out).

Regards,
Nirmala

From India, Bangalore
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Dear Ramnaresh_20 and All,

Please first deeply understand the case,,,,,,,,, iam sorry for saying in this manner but there is some relation between MD and that girl in simple word they have some dirty relation iam sure since in this world no one is care about such a these person in their organization environment and regarding the bounce and money she is already rich if i am wrong please correct me Sh_dh1 one of the strong support of HR is the top management although the top management is involve in this case so who will handle this problem, regarding one of your friends who said that he did and send several warring letter to his friend ,,,,,,, the support of top management was with him and HR policy was clear on that situation, since if we do not have hot stove policy in a organization so in my idea HR is noting and HR role is going to play like 1970 as Administrate supporter noting else when we can say HR when we have a clear role and regulation not in a environment that top management is doing nepotism and such an act that it’s not acceptable for human begins,,,,,,,,,,,,,, it easy for us to say do this and this Mr. Sh_dh1 but let me ask one question from you who is agree to lose his job in a termination case and having a conflict with a MD??? With out any job certificate and no reference check in further If so please let me know

SOME TIME REALTIY IS HURT 

From Singapore, Singapore
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Hi,

Please talk to your MD and tell him that you would like an additional resource as you are handling the workload of two people, which is burdensome for you. Alternatively, request a replacement for the lady who reports to you.

My sincere suggestion to you would be to replace her promptly, as there is no point in persisting with this careless attitude. It would also set a wrong precedent for other employees.

Regards,
Seema

From India, Bangalore
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u plz do’nt bother about the issue and as netaji said strongly they have mutual understanding, hence u please forget about it.... All the Best.
From India, Bangalore
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Dear Rajan T V,

You should talk with your MD about the issue and brief him about her absenteeism. In fact, he might have approved it without noticing based on his busy schedule. You can better clarify with him and handle it properly.

Manager - HR,
MICRO LABS LIMITED.

From India, Selam
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Please prepare a report on the absence. The report should include the number of days of absence, the reason for the absence, the information procedure - how it was communicated, the impact of the absence on work, and your recommendation (please consider this point before adding; if you are convinced that your MD will take action, then you can proceed).
From India, Coimbatore
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Dear Richa,

Instead of discussing more on this in your office, please ask for one more assistant for you from your MD and take his help. Please sideline your lady staff; initially, she may feel comfortable due to reduced work, but in due course, she will surely feel that she is not given much importance, and obviously, she will leave the job.

From India, Kumbakonam
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Dear Richa,

This is a common issue that HR professionals face in their profession. However, since the issue is with your report, it's relatively easier to handle. Why can't you speak to the person with all the leave details she has availed? Sometimes, the person may have very genuine constraints to do so. Understand the real reason for this indifferent behavior (availing too much leave) and handle it with empathy. Suddenly concluding that the MD has some other relationship with the person seems to be highly immature. This may be true or sometimes may not be true.

Tell the report about your expectations from that role and ask her to improve. Even if there are genuine reasons for her taking so much leave, make her understand that she is playing an important role and such breaks are affecting the performance of the function. Tell her either to reduce the number of leaves being taken and contribute on a continuous basis or you will have no option but to give the role to a more consistent employee.

From your mail, it is clear that your MD has categorically clarified that she has to report to you. So, I see a problem here in your inability to take control of the situation. If things are running fine even after your report's being on leave for so many days, the question arises, "Is that role required?" If the absence is impacting the performance of the function, you may appraise your MD about the reality. I think he will agree with you that a function cannot be run smoothly with such employees who remain on leave every alternate day. Logically, he should be in a better position to understand the problem. Your first priority should be to understand the views of your report as well as the MD on this issue.

If you present this case properly, I am 100% sure that your MD will agree to a replacement. The major part of this exercise should be done verbally rather than writing mails/letters. Once a verbal consensus/decision is arrived at, that may be the time to engage in written communications. If I were in your place, I would have handled the situation as above.

MK Saseedharan

From India, Delhi
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In this case, I think the HR department doesn't have the authority to take any action against an undisciplined employee as all the authority lies with the Managing Director (M.D.). If the M.D. permits you to take action against her, please obtain written approval from the M.D. for suspension, termination, or any other necessary action. Before issuing a termination letter, provide her with a letter of explanation, stating that an unsatisfactory explanation may result in disciplinary action.

Ensure there is a single line break between paragraphs.

From India, Calcutta
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I agree with Mr. MK Saseedharan. The HR profession requires diplomatic thinking and includes problem-solving through counseling.

"Suddenly concluding that the MD has some other relationship with the person seems to be highly immature. This may be true or sometimes may not be true."

I completely agree with this statement....

From India, Salem
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Hello sir,

Our HR family has given many suggestions, whereas it could be used based on your organizational environment. In this regard, I used to follow a way once the individual is absent for more than 3 days due to sickness. Getting a medical certificate as well as a fitness certificate every time. Likewise, record everything on paper along with the SMS given and the rate of absenteeism by her.

One day (or) another, for every month Score Card Meeting, all MDs will ask about the shortage of manpower. Meanwhile, you can mention absenteeism for your whole unit. Automatically, he will give a green flag for the uprooting of such cases and she will be among them. If not, then ask her herself to prepare a show cause notice for the absenteeism list. Let her handle the absenteeism. This way, she might feel guilty and she might correct or quit.

Continuous practice becomes a habit. First, stop her practice.

Regards,
Dinesh K.T.

From India, Coimbatore
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