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RAHUL NAIN
Dear All,
I wanted to know that a employee in our company is in Store department and Designation is Computer Operator, She has no EL Left and takes 6 SL also, now she wants one month leave for Medical Reason and the performance of this employee was not good in department, Pls suggest me how to handle this metter.

From India, Faridabad
vmlakshminarayanan
942

Hi Rahul Nain,
In the absence of accrued leave employee has to go on leave without pay.
If the performance of the employee is observed as not good, will the employee know about it ? whether she was given feedback on performance during annual appraisal.
Whether any letter has been issued to the employee advising her to improve performance.
Before you proceed with any action ensure that the employee is given sufficient opportunity to improve her performance.
If she is on probation period advise her to improve performance. set some deadline.

From India, Madras
meenakshi pant
Dear Amit,
according to your query there are two issues one is of leaves for which you are saying that she has availed all EL and taken 6 SL as well, first of all pls check is your company is providing the leaves as per the shop & establishment act of the state where your company is located. If she has consumed all the provided leaves and want to go for medical reason then you may ask for the supporting documents on which ground she is going to take one months leave. Further after verifying the documents you may allow her for "Leave without pay" as she has consumed all the leaves.
Second issue is related to her performance, if your company thinks that the employee is not working upto the mark then have you informed her about the same if not then issue the letter regarding unsatisfactory Performance. if she does not improve the same than again a warning letter can be issued. Before terminating an employee you must have to give proper written warnings to the employee.
Regards,
Meenakshi Pant

From India, New Delhi
loginmiraclelogistics
1075

It could be reasoned out that this employee is not in good books of the admin going by her past performance. The admin is within its rights if there is no leave balance in her a/c and therefore whatever leave she applies (except for Maternity related) could be considered as LWP, if approved.
Now, coming to the real action needed, if she is observed as habitual 'absentee' without any genuine reason, she could be referred to a Co appointed 'authorised medical officer' and obtain a health report and act upon. May be if she suffers serious health issues it should be suitably addressed with humane approach.
However if the performance being observed as 'not satisfactory' it is desirable whether she is suitable for responsibilities entrusted to her. Needed to find the real cause for such a mediocre performance. If found wanting, alternate seat change could be considered before exit option is thought of.

From India, Bangalore
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