Dear All,
Kindly suggest for the query below.
In my organization, one employee has gone on unauthorized leave and provided a fake reason. She claimed that a close relation had passed away, which led her to take a 16-day leave. However, the management is now aware that she took the leave without approval and based on false information. They have instructed me to consider terminating her for misconduct.
Please advise on how I should proceed in this situation, as I lack concrete proof that her reason was indeed fake. As the HR representative, I am inclined to take action against this misconduct as the unauthorized absence has significantly impacted the department.
Regards,
HR Manager
URS Certification Ltd.
From India, New Delhi
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1Kindly suggest for the query below.
In my organization, one employee has gone on unauthorized leave and provided a fake reason. She claimed that a close relation had passed away, which led her to take a 16-day leave. However, the management is now aware that she took the leave without approval and based on false information. They have instructed me to consider terminating her for misconduct.
Please advise on how I should proceed in this situation, as I lack concrete proof that her reason was indeed fake. As the HR representative, I am inclined to take action against this misconduct as the unauthorized absence has significantly impacted the department.
Regards,
HR Manager
URS Certification Ltd.
From India, New Delhi
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Dear Ritu,
I am a little surprised that this kind of query has come from a managerial-level employee. This is because by the time a person attains a managerial level, he/she knows how to handle this situation.
Now coming to your query. Have you communicated to your employees that "leave is a privilege and not an entitlement"? Nobody can proceed on leave or overstay unless his/her HOD approves the leave or permits an extension of leave. By the way, do you have a proper "Employee Leave Policy" well in place? If yes, have you communicated it to your employees? Does this policy include the process for obtaining the leave?
Your employee in question proceeded on leave without proper approval. Therefore, it is unauthorized absence. Issue her a show-cause notice and ask for an explanation. If the explanation is not satisfactory, then you may:
(a) treat her absence as Leave without Pay (LWP) and deduct her salary for the said period or
(b) treat her absence as LWP + award her some punishment. In that case, she also forfeits her salary for her absence.
Thanks,
Dinesh V Divekar
From India, Bangalore
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I am a little surprised that this kind of query has come from a managerial-level employee. This is because by the time a person attains a managerial level, he/she knows how to handle this situation.
Now coming to your query. Have you communicated to your employees that "leave is a privilege and not an entitlement"? Nobody can proceed on leave or overstay unless his/her HOD approves the leave or permits an extension of leave. By the way, do you have a proper "Employee Leave Policy" well in place? If yes, have you communicated it to your employees? Does this policy include the process for obtaining the leave?
Your employee in question proceeded on leave without proper approval. Therefore, it is unauthorized absence. Issue her a show-cause notice and ask for an explanation. If the explanation is not satisfactory, then you may:
(a) treat her absence as Leave without Pay (LWP) and deduct her salary for the said period or
(b) treat her absence as LWP + award her some punishment. In that case, she also forfeits her salary for her absence.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Dear Ritu,
This situation is not acceptable at any cost. Please find attached a letter to call for a written explanation from the employee. Kindly issue this letter to the employee. Upon receiving the explanation, please take appropriate action based on the circumstances and the facts provided in the explanation.
If you have any doubts, please feel free to contact me.
From India, New Delhi
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This situation is not acceptable at any cost. Please find attached a letter to call for a written explanation from the employee. Kindly issue this letter to the employee. Upon receiving the explanation, please take appropriate action based on the circumstances and the facts provided in the explanation.
If you have any doubts, please feel free to contact me.
From India, New Delhi
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Dear Ms. Ritu,
Your query on wishing to sack an employee for not coming to the office for 16 days (12 working days or so) is a sensitive matter. A friend has provided you with a format for issuing a letter to the employee. However, I believe that you may not have extensive experience in HR, or that your company may not adhere to principles of natural justice.
Please understand that for this absenteeism, you cannot terminate an employee, even if you suspect that the absence was willful. In your case, it is uncertain whether the reason for the absence was genuine or not.
I recommend issuing a letter requesting an explanation from the employee. If the explanation is satisfactory, issue a warning and close the case. If not, you must establish a Disciplinary Inquiry Committee as per the inquiry rules and ask the employee to provide an explanation for their actions.
Upon receiving the committee's report and recommendations for punishment, determine whether a minor sanction or a major penalty is appropriate. It's important to note that 16 days of absence may not constitute gross misconduct and might not warrant a major penalty. If a major penalty is suggested, seek approval from your legal department or consult professional legal advice before proceeding.
The best course of action is to issue a warning to the staff member, allowing them to resume work and contribute to the business's improvement.
From India, Delhi
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Your query on wishing to sack an employee for not coming to the office for 16 days (12 working days or so) is a sensitive matter. A friend has provided you with a format for issuing a letter to the employee. However, I believe that you may not have extensive experience in HR, or that your company may not adhere to principles of natural justice.
Please understand that for this absenteeism, you cannot terminate an employee, even if you suspect that the absence was willful. In your case, it is uncertain whether the reason for the absence was genuine or not.
I recommend issuing a letter requesting an explanation from the employee. If the explanation is satisfactory, issue a warning and close the case. If not, you must establish a Disciplinary Inquiry Committee as per the inquiry rules and ask the employee to provide an explanation for their actions.
Upon receiving the committee's report and recommendations for punishment, determine whether a minor sanction or a major penalty is appropriate. It's important to note that 16 days of absence may not constitute gross misconduct and might not warrant a major penalty. If a major penalty is suggested, seek approval from your legal department or consult professional legal advice before proceeding.
The best course of action is to issue a warning to the staff member, allowing them to resume work and contribute to the business's improvement.
From India, Delhi
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Dear All,
An employee has not attended for 16 days. What was the management doing for 16 days? It is a failure for management as well. Once we notice an employee not present on the first day, we inquire verbally. On the second day, we conduct deep inquiries. By the third day, we send a letter to the employee to resume duty immediately or provide reasons for the absence. After 10 days, we issue a charge sheet for absence without leave without sufficient cause or a proper or reasonable explanation. However, mere absence for 16 days will not warrant dismissal from service. A lesser punishment is appropriate - ranging from a mere warning to a 4-day suspension. In the case of absenteeism, suspension is an absurd punishment because it implies we are once again asking that employee not to come to work.
Vibhakar Ramtirthkar
From India, Pune
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An employee has not attended for 16 days. What was the management doing for 16 days? It is a failure for management as well. Once we notice an employee not present on the first day, we inquire verbally. On the second day, we conduct deep inquiries. By the third day, we send a letter to the employee to resume duty immediately or provide reasons for the absence. After 10 days, we issue a charge sheet for absence without leave without sufficient cause or a proper or reasonable explanation. However, mere absence for 16 days will not warrant dismissal from service. A lesser punishment is appropriate - ranging from a mere warning to a 4-day suspension. In the case of absenteeism, suspension is an absurd punishment because it implies we are once again asking that employee not to come to work.
Vibhakar Ramtirthkar
From India, Pune
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Dear Ritu,
The employee remained absent for 16 days without obtaining either prior intimation and/or prior sanction of leave. It is clearly unauthorized. Now, your question is how to proceed to take action for misconduct. When she communicated that she is not attending the office on account of the demise of a close relative? If she communicated immediately upon her absence or two or three days after her absence, what did you do? Did you send any communication informing that her leave is unauthorized? If not, you made the employee believe that you believed her reason for absence as genuine, which you now call fake. Thus, you may observe that there are contradictions on the management side itself.
This apart, termination is not considered a proportionate penalty for a plain 16-day absence which you initially permitted by keeping silent but are now refusing. It is also not known whether you have a disciplinary procedure in the form of rules/standing orders in place. The less controversial measure is to issue her a memo, intimating her that leave is not a matter of right and that her absence is unauthorized, having been without prior sanction or prior intimation, and cautioning her not to repeat such conduct in the future.
B. Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
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The employee remained absent for 16 days without obtaining either prior intimation and/or prior sanction of leave. It is clearly unauthorized. Now, your question is how to proceed to take action for misconduct. When she communicated that she is not attending the office on account of the demise of a close relative? If she communicated immediately upon her absence or two or three days after her absence, what did you do? Did you send any communication informing that her leave is unauthorized? If not, you made the employee believe that you believed her reason for absence as genuine, which you now call fake. Thus, you may observe that there are contradictions on the management side itself.
This apart, termination is not considered a proportionate penalty for a plain 16-day absence which you initially permitted by keeping silent but are now refusing. It is also not known whether you have a disciplinary procedure in the form of rules/standing orders in place. The less controversial measure is to issue her a memo, intimating her that leave is not a matter of right and that her absence is unauthorized, having been without prior sanction or prior intimation, and cautioning her not to repeat such conduct in the future.
B. Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
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When an employee applies for or intimates leave, and the employer does not communicate its acceptance or refusal, the employee can reasonably presume that it is accepted. Hence, if the leave is not approved, the employer shall intimate the same immediately.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Hi , What action has to be taken , the term everything is mentioned in the standing orders(certified). Refer your standing orders and go ahead accordingly . Regards Rajeev Dixit
From India, Bangalore
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From India, Bangalore
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Mr Rajeev , Action is possible in cases where Standing order or Model SO is not applicable. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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All of you giving replies failed to read the post properly. The employee took 16 days of leave, stating that her relative had passed away. However, the employer now has proof that it was a lie. Therefore, the leave is now considered as unapproved. The issue the employer faces is more related to dishonesty than to the absence itself. The question at hand is how to proceed with terminating her based on this misconduct.
Please reconsider the responses accordingly, as I am eager to gain more insights from this query.
From India, Mumbai
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Please reconsider the responses accordingly, as I am eager to gain more insights from this query.
From India, Mumbai
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Draft of unauthorized leave.doc
Karnataka Leave.xlsx