Unauthorized Leave and Misconduct: Seeking Advice
In my organization, one employee has gone on unauthorized leave and provided a fake reason. She claimed that a close relation had passed away, which led her to take a 16-day leave. However, the management is now aware that she took the leave without approval and based on false information. They have instructed me to consider terminating her for misconduct.
Please advise on how I should proceed in this situation, as I lack concrete proof that her reason was indeed fake. As the HR representative, I am inclined to take action against this misconduct as the unauthorized absence has significantly impacted the department.
Regards,
HR Manager
URS Certification Ltd.
From India, New Delhi
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1In my organization, one employee has gone on unauthorized leave and provided a fake reason. She claimed that a close relation had passed away, which led her to take a 16-day leave. However, the management is now aware that she took the leave without approval and based on false information. They have instructed me to consider terminating her for misconduct.
Please advise on how I should proceed in this situation, as I lack concrete proof that her reason was indeed fake. As the HR representative, I am inclined to take action against this misconduct as the unauthorized absence has significantly impacted the department.
Regards,
HR Manager
URS Certification Ltd.
From India, New Delhi
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Handling Unauthorized Leave and Misconduct
I am a little surprised that this kind of query has come from a managerial-level employee. By the time a person attains a managerial level, he/she usually knows how to handle this situation.
Now, coming to your query. Have you communicated to your employees that "leave is a privilege and not an entitlement"? Nobody can proceed on leave or overstay unless his/her HOD approves the leave or permits an extension of leave. By the way, do you have a proper "Employee Leave Policy" well in place? If yes, have you communicated it to your employees? Does this policy include the process for obtaining the leave?
Your employee in question proceeded on leave without proper approval. Therefore, it is an unauthorized absence. Issue her a show-cause notice and ask for an explanation. If the explanation is not satisfactory, then you may:
- Treat her absence as Leave without Pay (LWP) and deduct her salary for the said period, or
- Treat her absence as LWP and award her some punishment. In that case, she also forfeits her salary for her absence.
Thanks,
Dinesh V Divekar
From India, Bangalore
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I am a little surprised that this kind of query has come from a managerial-level employee. By the time a person attains a managerial level, he/she usually knows how to handle this situation.
Now, coming to your query. Have you communicated to your employees that "leave is a privilege and not an entitlement"? Nobody can proceed on leave or overstay unless his/her HOD approves the leave or permits an extension of leave. By the way, do you have a proper "Employee Leave Policy" well in place? If yes, have you communicated it to your employees? Does this policy include the process for obtaining the leave?
Your employee in question proceeded on leave without proper approval. Therefore, it is an unauthorized absence. Issue her a show-cause notice and ask for an explanation. If the explanation is not satisfactory, then you may:
- Treat her absence as Leave without Pay (LWP) and deduct her salary for the said period, or
- Treat her absence as LWP and award her some punishment. In that case, she also forfeits her salary for her absence.
Thanks,
Dinesh V Divekar
From India, Bangalore
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This situation is not acceptable at any cost. Please find attached a letter to call for a written explanation from the employee. Kindly issue this letter to the employee. Upon receiving the explanation, please take appropriate action based on the circumstances and the facts provided in the explanation.
If you have any doubts, please feel free to contact me.
Regards,
Ritu
From India, New Delhi
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If you have any doubts, please feel free to contact me.
Regards,
Ritu
From India, New Delhi
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Your query on wishing to sack an employee for not coming to the office for 16 days (12 working days or so) is a sensitive matter. A friend has provided you with a format for issuing a letter to the employee. However, I believe that you may not have extensive experience in HR, or that your company may not adhere to principles of natural justice.
Please understand that for this absenteeism, you cannot terminate an employee, even if you suspect that the absence was willful. In your case, it is uncertain whether the reason for the absence was genuine or not.
Steps to Address Employee Absenteeism
I recommend issuing a letter requesting an explanation from the employee. If the explanation is satisfactory, issue a warning and close the case. If not, you must establish a Disciplinary Inquiry Committee as per the inquiry rules and ask the employee to provide an explanation for their actions.
Upon receiving the committee's report and recommendations for punishment, determine whether a minor sanction or a major penalty is appropriate. It's important to note that 16 days of absence may not constitute gross misconduct and might not warrant a major penalty. If a major penalty is suggested, seek approval from your legal department or consult professional legal advice before proceeding.
The best course of action is to issue a warning to the staff member, allowing them to resume work and contribute to the business's improvement.
From India, Delhi
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Please understand that for this absenteeism, you cannot terminate an employee, even if you suspect that the absence was willful. In your case, it is uncertain whether the reason for the absence was genuine or not.
Steps to Address Employee Absenteeism
I recommend issuing a letter requesting an explanation from the employee. If the explanation is satisfactory, issue a warning and close the case. If not, you must establish a Disciplinary Inquiry Committee as per the inquiry rules and ask the employee to provide an explanation for their actions.
Upon receiving the committee's report and recommendations for punishment, determine whether a minor sanction or a major penalty is appropriate. It's important to note that 16 days of absence may not constitute gross misconduct and might not warrant a major penalty. If a major penalty is suggested, seek approval from your legal department or consult professional legal advice before proceeding.
The best course of action is to issue a warning to the staff member, allowing them to resume work and contribute to the business's improvement.
From India, Delhi
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Management's Role in Addressing Absenteeism
An employee has not attended work for 16 days. What was the management doing during this period? It is a failure on the part of management as well. Once we notice an employee is not present on the first day, we inquire verbally. On the second day, we conduct deeper inquiries. By the third day, we send a letter to the employee to resume duty immediately or provide reasons for the absence.
After 10 days, we issue a charge sheet for absence without leave, without sufficient cause, or a proper or reasonable explanation. However, mere absence for 16 days will not warrant dismissal from service. A lesser punishment is appropriate, ranging from a mere warning to a 4-day suspension. In the case of absenteeism, suspension is an absurd punishment because it implies we are once again asking that employee not to come to work.
Regards,
Vibhakar Ramtirthkar
From India, Pune
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An employee has not attended work for 16 days. What was the management doing during this period? It is a failure on the part of management as well. Once we notice an employee is not present on the first day, we inquire verbally. On the second day, we conduct deeper inquiries. By the third day, we send a letter to the employee to resume duty immediately or provide reasons for the absence.
After 10 days, we issue a charge sheet for absence without leave, without sufficient cause, or a proper or reasonable explanation. However, mere absence for 16 days will not warrant dismissal from service. A lesser punishment is appropriate, ranging from a mere warning to a 4-day suspension. In the case of absenteeism, suspension is an absurd punishment because it implies we are once again asking that employee not to come to work.
Regards,
Vibhakar Ramtirthkar
From India, Pune
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The employee remained absent for 16 days without obtaining either prior intimation or prior sanction of leave. It is clearly unauthorized. Now, your question is how to proceed to take action for misconduct. When she communicated that she is not attending the office on account of the demise of a close relative? If she communicated immediately upon her absence or two or three days after her absence, what did you do? Did you send any communication informing that her leave is unauthorized? If not, you made the employee believe that you accepted her reason for absence as genuine, which you now call fake. Thus, you may observe that there are contradictions on the management side itself.
This apart, termination is not considered a proportionate penalty for a plain 16-day absence which you initially permitted by keeping silent but are now refusing. It is also not known whether you have a disciplinary procedure in the form of rules/standing orders in place. The less controversial measure is to issue her a memo, intimating her that leave is not a matter of right and that her absence is unauthorized, having been without prior sanction or prior intimation, and cautioning her not to repeat such conduct in the future.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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This apart, termination is not considered a proportionate penalty for a plain 16-day absence which you initially permitted by keeping silent but are now refusing. It is also not known whether you have a disciplinary procedure in the form of rules/standing orders in place. The less controversial measure is to issue her a memo, intimating her that leave is not a matter of right and that her absence is unauthorized, having been without prior sanction or prior intimation, and cautioning her not to repeat such conduct in the future.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Employee Leave Communication Protocol
When an employee applies for or intimates leave, and the employer does not communicate its acceptance or refusal, the employee can reasonably presume that it is accepted. Hence, if the leave is not approved, the employer shall intimate the same immediately.
Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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When an employee applies for or intimates leave, and the employer does not communicate its acceptance or refusal, the employee can reasonably presume that it is accepted. Hence, if the leave is not approved, the employer shall intimate the same immediately.
Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
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Hi , What action has to be taken , the term everything is mentioned in the standing orders(certified). Refer your standing orders and go ahead accordingly . Regards Rajeev Dixit
From India, Bangalore
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From India, Bangalore
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Addressing Employee Misconduct: Termination for Dishonesty
All of you giving replies failed to read the post properly. The employee took 16 days of leave, stating that her relative had passed away. However, the employer now has proof that it was a lie. Therefore, the leave is now considered as unapproved. The issue the employer faces is more related to dishonesty than to the absence itself. The question at hand is how to proceed with terminating her based on this misconduct.
Please reconsider the responses accordingly, as I am eager to gain more insights from this query.
From India, Mumbai
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All of you giving replies failed to read the post properly. The employee took 16 days of leave, stating that her relative had passed away. However, the employer now has proof that it was a lie. Therefore, the leave is now considered as unapproved. The issue the employer faces is more related to dishonesty than to the absence itself. The question at hand is how to proceed with terminating her based on this misconduct.
Please reconsider the responses accordingly, as I am eager to gain more insights from this query.
From India, Mumbai
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The key dilemma, as observed from the post, is how to proceed with terminating the employee since there is no proof that the reason provided is false. While there is knowledge that the reason is fabricated, there is no concrete evidence to expose the falsehood. In service law, knowledge must be supported by evidence; otherwise, it is considered one's own speculation, which cannot justify one's actions as legal.
Legal Considerations in Employee Termination
In service law, it is crucial to have concrete evidence to support any claims of misconduct. Without such evidence, actions taken may not be legally justified. This situation requires careful consideration of the legal implications and the potential risks involved in proceeding without proof.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Legal Considerations in Employee Termination
In service law, it is crucial to have concrete evidence to support any claims of misconduct. Without such evidence, actions taken may not be legally justified. This situation requires careful consideration of the legal implications and the potential risks involved in proceeding without proof.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Please first read the post properly, then comment on whether the situation is silly or not. I would like to ask Mr. Navneet to go through the attachment and see what the letter says. It is a letter to request an explanation, not a termination letter. I request the worthy members to review the post thoroughly before commenting. Please do not confuse the Querier.
I agree with Mr. Saikumar that in the case at hand, the Querier needs to ask the employee for an explanation with proper documents. That's why I have attached the letter requesting an explanation and submission of proof regarding the employee's leave taken due to a death.
Thank you.
From India, New Delhi
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I agree with Mr. Saikumar that in the case at hand, the Querier needs to ask the employee for an explanation with proper documents. That's why I have attached the letter requesting an explanation and submission of proof regarding the employee's leave taken due to a death.
Thank you.
From India, New Delhi
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One of our senior members wishes to learn from this query. So, if you really wish to learn and do justice to your job or HR, please understand the definition of misconduct and the difference between minor offenses and major offenses, as well as the rules and regulations relating to punishment. Then, you have to study theories of punishment and the burden of proof. We are members of a civilized society and must adhere to the norms of natural justice. A person working for a company is a human being and has to be treated as such. Companies cannot treat him or her as bonded labor. A person missing from the office for a few days cannot be sacked. I feel this forum should not be used to help people devise ways to sack others on flimsy reasons. This forum should be used to spread information and enlightenment for the welfare of the masses.
From India, Delhi
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From India, Delhi
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Understanding HR Responsibilities
Dear HR friends, when you work in HR, you have to understand your job responsibilities. You are not a stenographer or a personal assistant to the boss. You are there not only to execute the wishes of the CEO or the boss but also to aid workers and staff in their growth and development. If you succeed in the latter part of your duty, it will be truly beneficial for the company and its management.
I do not say that the termination of one or a few staff members is the worst thing to do. Do it only when there is no other way out. Otherwise, always remember, humans come first in HR, so be humane and honest. Be flexible and try to comprehend the genuine problems of workers, even if some of them are at fault. Just try to persuade them that they are mistaken. If HR personnel are polite and understanding, they can always manage the situations. This will lead to a weakening of unions, unrest among workers, and will prevent a recurrence of what happened at MSL last year.
Avoiding Unjust Dismissals
I believe that this forum should never assist people in finding ways to dismiss others on minor grounds. Dear friends, there are many loopholes in the rules, and if one knows the laws properly, it is very easy to construct a solid case against any worker, leading to the unjust dismissal of an innocent person.
For the replies to the remaining questions, please refer to the original post in this thread to understand the true intention of my message. Anyway, thank you for reading my post and taking it seriously.
Regards
From India, Delhi
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Dear HR friends, when you work in HR, you have to understand your job responsibilities. You are not a stenographer or a personal assistant to the boss. You are there not only to execute the wishes of the CEO or the boss but also to aid workers and staff in their growth and development. If you succeed in the latter part of your duty, it will be truly beneficial for the company and its management.
I do not say that the termination of one or a few staff members is the worst thing to do. Do it only when there is no other way out. Otherwise, always remember, humans come first in HR, so be humane and honest. Be flexible and try to comprehend the genuine problems of workers, even if some of them are at fault. Just try to persuade them that they are mistaken. If HR personnel are polite and understanding, they can always manage the situations. This will lead to a weakening of unions, unrest among workers, and will prevent a recurrence of what happened at MSL last year.
Avoiding Unjust Dismissals
I believe that this forum should never assist people in finding ways to dismiss others on minor grounds. Dear friends, there are many loopholes in the rules, and if one knows the laws properly, it is very easy to construct a solid case against any worker, leading to the unjust dismissal of an innocent person.
For the replies to the remaining questions, please refer to the original post in this thread to understand the true intention of my message. Anyway, thank you for reading my post and taking it seriously.
Regards
From India, Delhi
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I think it should be from the beginning. She has to provide details with the approval of emergency leave, explaining why she needs to take emergency leave and what documents she has. Later, you can decide whether to allow her to go on emergency leave.
Regards
From Saudi Arabia, Riyadh
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Regards
From Saudi Arabia, Riyadh
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If an employee is on a contract basis, then uninformed/unauthorized leave for a continuous period of 7 days "may" lead to termination. However, retaining an employee is an important function of HR. Therefore, please communicate with the employee regarding the reason for taking a 16-day leave. As the leave was taken due to the death of her relative, request her to write a letter explaining the purpose, apologize for any inconvenience caused, and ensure that in the future, she will inform in similar circumstances. Additionally, deduct the salary for the period of absence.
Thank you.
From India, Bengaluru
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Thank you.
From India, Bengaluru
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Dear Poulmai,
Please email your company's HR the treatment reports of your husband and inform them that your husband needs you. If, however, your company still decides to take action against you, inform them that you are prepared to participate in the inquiry and present the reports of your husband during that process. Based on my experience, in such emergencies, companies typically do not resort to extreme measures like termination. Send the reports to your management and remain hopeful for the best.
From India, New Delhi
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Please email your company's HR the treatment reports of your husband and inform them that your husband needs you. If, however, your company still decides to take action against you, inform them that you are prepared to participate in the inquiry and present the reports of your husband during that process. Based on my experience, in such emergencies, companies typically do not resort to extreme measures like termination. Send the reports to your management and remain hopeful for the best.
From India, New Delhi
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