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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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