Hi! One of the employees in my organization has not been reporting for more than two months now, citing health reasons. Prior to that, she had not been reporting regularly. Her offer letter mentions a two-month notice period from both sides.
Our team was very busy with an event in March, and hence we were not able to speak to her properly nor issue any warning or take further steps. Now the Company Management has decided to terminate her services as there were no formal updates from her end. But before issuing any notice, as the HR, we spoke to her and she now says she wants to resume work.
What should we do in this case as the management is very clear that they don't want to continue with her? I would love to understand if any of you have faced a similar issue and/or have advice on how to work around this matter.
From India, Mumbai
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Our team was very busy with an event in March, and hence we were not able to speak to her properly nor issue any warning or take further steps. Now the Company Management has decided to terminate her services as there were no formal updates from her end. But before issuing any notice, as the HR, we spoke to her and she now says she wants to resume work.
What should we do in this case as the management is very clear that they don't want to continue with her? I would love to understand if any of you have faced a similar issue and/or have advice on how to work around this matter.
From India, Mumbai
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Addressing Employee Absence and HR Responsibility
The fault lies with you. Regardless of the office situation, you should not have ignored an employee's absence. What was your HR person doing all this time? If the employee has not reported, it should be the HR person who initiates an inquiry. There could be genuine reasons for her absence. It's not necessary for the employee to always take the initiative to inform about her absence. If she did not inform about her leave, it is a minor misconduct, but the major negligence is from your HR person's side.
Now, if she is willing to resume work, she should be allowed to return to the office. The maximum you can do is issue a show cause notice and ask her to explain why action, including termination, should not be initiated against her for her absence. If she can establish that she was unable to communicate her leave, what action can you take? Suppose she says that when she was facing health issues, why did HR not visit her? Is this how HR should act when an employee is unwell?
I suggest issuing a charge sheet to both the employee and the HR personnel in charge. There is a clear dereliction of duty on the part of the HR person. First, let him face the inquiry, then decide on action against the employee.
The remedy is to issue a warning letter stating that this is the last warning and that such behavior will not be tolerated in the future. Give her one chance to improve. If her absence was genuine, she will correct herself; if not, she will repeat it. At that point, based on precedence, you can terminate her. Terminating her now without giving her an opportunity would be unfair.
From India, Kannur
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4526The fault lies with you. Regardless of the office situation, you should not have ignored an employee's absence. What was your HR person doing all this time? If the employee has not reported, it should be the HR person who initiates an inquiry. There could be genuine reasons for her absence. It's not necessary for the employee to always take the initiative to inform about her absence. If she did not inform about her leave, it is a minor misconduct, but the major negligence is from your HR person's side.
Now, if she is willing to resume work, she should be allowed to return to the office. The maximum you can do is issue a show cause notice and ask her to explain why action, including termination, should not be initiated against her for her absence. If she can establish that she was unable to communicate her leave, what action can you take? Suppose she says that when she was facing health issues, why did HR not visit her? Is this how HR should act when an employee is unwell?
I suggest issuing a charge sheet to both the employee and the HR personnel in charge. There is a clear dereliction of duty on the part of the HR person. First, let him face the inquiry, then decide on action against the employee.
The remedy is to issue a warning letter stating that this is the last warning and that such behavior will not be tolerated in the future. Give her one chance to improve. If her absence was genuine, she will correct herself; if not, she will repeat it. At that point, based on precedence, you can terminate her. Terminating her now without giving her an opportunity would be unfair.
From India, Kannur
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I would like to say that she must notify HR or her line manager by email or phone. As mentioned by Madhu, the HR representative's fault is greater for not contacting her regarding her attendance. If her attendance is consistently absent, HR should take action at the end of the month or upon receiving an absent report from the timekeeper. The HR person should follow the company's standard operating procedure by issuing a warning letter. Before considering termination, they should consult her line manager to review her work track record and performance.
Is this an isolated incident of sudden leave?
They should analyze the situation and provide feedback considering responsibilities on both sides. It is important to give her a chance to respond to a warning letter with deductions for her absences. Terminating her immediately would be unfair. As suggested by Madhu, she should be given a second chance based on her future performance and punctuality. If her performance and punctuality do not improve, then termination may be considered. Thank you.
From India, Noida
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Is this an isolated incident of sudden leave?
They should analyze the situation and provide feedback considering responsibilities on both sides. It is important to give her a chance to respond to a warning letter with deductions for her absences. Terminating her immediately would be unfair. As suggested by Madhu, she should be given a second chance based on her future performance and punctuality. If her performance and punctuality do not improve, then termination may be considered. Thank you.
From India, Noida
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HR Manual (Employee Hand Book).doc