One of my employees took leave for personal reasons for more than a month, and later she sent an email with a doctor's certificate stating that due to medical reasons, she can't travel, hence she needs three months of leave. However, we did not respond, and she continued to be absent without pay since she had exhausted all her leaves.
Later, she sent another doctor's certificate stating that she has conceived and is asking for leave until the delivery of her baby. We are planning to send her a memo calling her to report back to duty.
Please guide us on whether sending her a calling letter at this moment is the right way to proceed or if any other alternative actions should be initiated.
Regards,
Ranganatha
From India, Ernakulam
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Later, she sent another doctor's certificate stating that she has conceived and is asking for leave until the delivery of her baby. We are planning to send her a memo calling her to report back to duty.
Please guide us on whether sending her a calling letter at this moment is the right way to proceed or if any other alternative actions should be initiated.
Regards,
Ranganatha
From India, Ernakulam
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1. One of my employees took leave for personal reasons for more than a month. Was this leave sanctioned for that particular time span? If she was overstaying her leave, your management should have taken steps and asked for an explanation, stating a stipulated time.
2. Later, she sent an email with a doctor's certificate stating that due to medical reasons, she can't travel, and hence, she needs three months of leave. We did not respond, and she continued to be absent without pay since she had exhausted all her leave. In this case, the employee took rightful advantage of step 1. You didn't ask her for any explanation for overstaying, so she didn't pay any heed to the matter. It shows a reckless management attitude. She then asked for three months of leave. The employee had done her part carefully by intimating the leave matter and asking for leave. However, your management remained silent. Why didn't you ask her to report or reject her application? No written response was given from the management side, but the employee did her part.
3. Later, she sent another doctor's certificate stating that she is pregnant and asking for leave until the delivery of her baby. Now, you are bound to give her leave as per her right under the maternity benefits act. During this period, as per the act, the employer can't sue her, enforce any disciplinary action, or initiate any proceedings regarding misconduct, nor can you terminate her.
I have shared my views; please wait for seniors to provide more perspectives on this matter.
From India, Calcutta
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1132. Later, she sent an email with a doctor's certificate stating that due to medical reasons, she can't travel, and hence, she needs three months of leave. We did not respond, and she continued to be absent without pay since she had exhausted all her leave. In this case, the employee took rightful advantage of step 1. You didn't ask her for any explanation for overstaying, so she didn't pay any heed to the matter. It shows a reckless management attitude. She then asked for three months of leave. The employee had done her part carefully by intimating the leave matter and asking for leave. However, your management remained silent. Why didn't you ask her to report or reject her application? No written response was given from the management side, but the employee did her part.
3. Later, she sent another doctor's certificate stating that she is pregnant and asking for leave until the delivery of her baby. Now, you are bound to give her leave as per her right under the maternity benefits act. During this period, as per the act, the employer can't sue her, enforce any disciplinary action, or initiate any proceedings regarding misconduct, nor can you terminate her.
I have shared my views; please wait for seniors to provide more perspectives on this matter.
From India, Calcutta
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It is devastating for any employer when an employee takes numerous leaves, affecting productivity. I foresee that there is something lacking in the management. Your post gives us an idea; evidently, the employer seems to be in a "win or lose" situation.
Considering Mr. Soumik's idea; she has done her part carefully. This employee had every right to take advantage as the employer did not respond to the matter illustratively at that time. Think carefully about the types of questions you anticipate the employee will ask you in case a decision is made without proper reasons. The best way is to prepare an RPAD letter (to resume services immediately) just a week before her leave ends. However, you may need to do this in steps. If she does not respond to return from her leave, you may send another letter to show cause as to why she should not be terminated from her services -- for this, you may give a couple of days. The final and critical third stage, in case of no response, you may send a formal letter regarding the termination of her services with the organization.
Had you played your part, this might not have been the criteria for terminating any employee. It is the duty and conscientiousness of both the employee and the employer to consider their choices.
Kind regards
From India, Visakhapatnam
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Considering Mr. Soumik's idea; she has done her part carefully. This employee had every right to take advantage as the employer did not respond to the matter illustratively at that time. Think carefully about the types of questions you anticipate the employee will ask you in case a decision is made without proper reasons. The best way is to prepare an RPAD letter (to resume services immediately) just a week before her leave ends. However, you may need to do this in steps. If she does not respond to return from her leave, you may send another letter to show cause as to why she should not be terminated from her services -- for this, you may give a couple of days. The final and critical third stage, in case of no response, you may send a formal letter regarding the termination of her services with the organization.
Had you played your part, this might not have been the criteria for terminating any employee. It is the duty and conscientiousness of both the employee and the employer to consider their choices.
Kind regards
From India, Visakhapatnam
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Maternity Leave Policy - posting.doc
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