Dear Members,
Request you to please help and suggest a solution for the below-mentioned situation.
One of our employees was absconding from services. As a process, we have sent a notice to her residence stating her to report within 10 days. On the 13th day, we received a backdated application from her stating that she is on maternity leave. Nothing was informed to us in advance, and no application was sent by her earlier requesting maternity leave. According to her manager, she is lying. We spoke to her and requested a medical certificate and a leave application. She has submitted both, but her manager claims that the documents sent by her are forged. Please advise on what can be done next on this?
Swati
From India, Bangalore
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5Request you to please help and suggest a solution for the below-mentioned situation.
One of our employees was absconding from services. As a process, we have sent a notice to her residence stating her to report within 10 days. On the 13th day, we received a backdated application from her stating that she is on maternity leave. Nothing was informed to us in advance, and no application was sent by her earlier requesting maternity leave. According to her manager, she is lying. We spoke to her and requested a medical certificate and a leave application. She has submitted both, but her manager claims that the documents sent by her are forged. Please advise on what can be done next on this?
Swati
From India, Bangalore
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Dear Swati,
This is a problem between a manager and a subordinate, and don't assume things based on that manager's words. You cannot take any legal action against her unless you can prove that the documents produced by the employee are not genuine. Swati, you have two options:
1. Go with the papers she has produced and complete the formalities.
2. If you want to investigate, don't be in a mess; go directly to her place and find out. If you find that she is telling the truth, use your HR approach and show your care. If not, go for legal action.
If she is far away from your company, ask her to come to the company for a day to complete some formalities. "The smarter you plan, the faster you execute." Keep rocking.
From India, Mangaluru
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This is a problem between a manager and a subordinate, and don't assume things based on that manager's words. You cannot take any legal action against her unless you can prove that the documents produced by the employee are not genuine. Swati, you have two options:
1. Go with the papers she has produced and complete the formalities.
2. If you want to investigate, don't be in a mess; go directly to her place and find out. If you find that she is telling the truth, use your HR approach and show your care. If not, go for legal action.
If she is far away from your company, ask her to come to the company for a day to complete some formalities. "The smarter you plan, the faster you execute." Keep rocking.
From India, Mangaluru
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Dear Swati,
The number of days you are taking to issue the notice, I feel it is too long. If anybody absconds for more than 3 days, the first notice has to be issued; 10 days is too long. As mentioned by Chum, either you need to visit her home to see what actually is happening, or you can collect the medical report and have it verified by another doctor.
You have not mentioned how long she has been working in the organization. Before releasing the offer letter, you can arrange for a medical check-up to be done so that in case we find out that anybody is pregnant, we can inform them that we will issue the letter once the person comes back from maternity leave.
Regards
From India, Madras
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The number of days you are taking to issue the notice, I feel it is too long. If anybody absconds for more than 3 days, the first notice has to be issued; 10 days is too long. As mentioned by Chum, either you need to visit her home to see what actually is happening, or you can collect the medical report and have it verified by another doctor.
You have not mentioned how long she has been working in the organization. Before releasing the offer letter, you can arrange for a medical check-up to be done so that in case we find out that anybody is pregnant, we can inform them that we will issue the letter once the person comes back from maternity leave.
Regards
From India, Madras
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
Maternity Leave Policy - posting.doc