Dear Seniors,

If an employee has taken 15 days of leave without informing HR and management due to severe fever, and now he is asking to return to his job but has left his medical reports at his hometown and is unable to show them, although he has informed his senior about his problem. His previous performance was more than satisfactory.

As the HR person of this company, should I provide rejoining or ask for resignation? Please suggest a fair decision.

Thanks & Regards,
Miravi

From India, New Delhi
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If the person has been a good worker, give him the benefit of the doubt and give him his job back. However, at the same time, say that he needs to provide the medical proof that he left behind in his hometown. I am sure that his relations should be able to post the same to him or you.
From United Kingdom
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A tricky situation. In some companies, if the employees don't report to the office without any reason for a said number of days as per the HR Policy, the same is deemed as absconding, and necessary formalities of removing his/her name from the Payroll are done. Even if the employee comes back, the employee is treated as a new employee only.

In this case, if you wish to ask the employee to rejoin, please be sure to collect the Medical Certificates within a certain period and also try to take an undertaking from the employee that he/she shall not recur the similar practice in the future and file those letters in his/her personal file. You need to also take care of the statutory payments part like PF for the period missed by the employee.

Once you have clarity on all these, I feel there is no problem in continuing the service.

From India, Hyderabad
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If the employee is a good worker and his past record is good, and since he says he could not join duty as he fell ill and could not produce the medical reports at the time of joining, you can take the following course of action:

1) You can get him medically examined by the company's doctor or any panel doctor (if you have one), or in the absence of it, by a civil surgeon and obtain a certificate of fitness to ensure that he is fit to resume duty. Nobody can find fault with HR for allowing a sick person on duty or for any unforeseen health issues developing after his resuming duty.

2) You can ask him to get his medical reports from home to be submitted to HR for further necessary action in the matter.

Hope this helps.

B. Saikumar HR & Labour Law Advisor

From India, Mumbai
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Hi Miravi,

In your post, it says the employee has already intimated to his senior. His senior should inform the same to HR. However, if the senior becomes aware very late, in that case, counsel the employee to make him understand the company policies. Seek a letter from the employee stating that in any case, he would intimate his leaves to his seniors or reporting manager. Along with this letter, he has to submit his medical reports at the earliest.

For absconding cases, always send a letter to the employee's home address asking him to report with an explanation to the management. This letter should be sent via registered post with acknowledgment. Send three letters weekly, and then send a final letter stating that if he does not report within 2 or 3 days, it will be understood that his employment terms would be canceled. Later, you can forward for deletions in PF.

Hope this information will suffice for your requirements.

From India, Rajahmundry
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Circumstances, stated at re-joining, smells something fishy , and employee’s sickness does not sound genuine. However, since he is a good performer, you can allow him to rejoin, on written recommendations from his Boss.

It is a big surprise that in today’s world of communication, where many many options are available to pass on a message (telephone, mobile, fax, email, post, courier, sms….), from any corner of the world, an employee remains absconding for fifteen days, and now giving a justification that he was ill.

Actually, his Senior, who was aware of this sickness, and not informed HR, about absenteesm, is responsible for such kind of indiscipline. Also it is concerned Senior’s job to get the Medical reports on his joining back. When a sick employee informed his Senior about his leave, that time itself this Senior should have warned him that at the time of your joining, you must bring your medical reports.

Take recommendation, in writing, from the Senior stating ‘Employee be allowed to re-join, without medical reports, and the same will be made available to HR, within a week’s time. (let this ‘Senior’ also get involved in the issue.

From India, Mumbai
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Many learned followers have suggested rightly to take a lenient view if the worker is a good worker. I would like to go further and suggest that if this is not a habitual negligence on the part of that particular worker, just give him a caution letter not to repeat such practice in the future, else the same will be treated strictly. Just allow him/her for duty. At the most, you may ask the employee concerned to give a written explanation for his absence and obtain consent from the Unit/Project Head who is in charge of unit affairs before issuing a warning-cum-joining letter.

In the future, I would humbly suggest you follow the same procedure.

Good luck,

AK Jain HR Personnel NCL, CIL

From India, New+Delhi
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Dear Miravi,

I have a question: Why are HR persons appointed - to remove good people or to ensure that good people stay with the company? If it is to remove people, then what you asked in your query "whether I should ask for resignation" has an automatic answer. If you are there to take care of good people and your company needs good people, then obviously, the question of removal will not arise. As an HR professional, one has two roles to perform: ensuring that good people stay with the company and maintaining discipline without disruption. Therefore, your decision should be such that the erring employee receives a message that discourages such behavior from happening again and eliminates the need for your company to replace them.

Thank you.

From India, Kolhapur
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Hi Miravi,

If you are serious, it's better to get the event checked with the concerned hospital/doctor without the knowledge of the employee. In this case, you will know what is happening, and then you can act according to the situation. All said and done, I would suggest letting him work with a last warning.

Thank you.

From India, Bangalore
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Dear Miravi,

Your absence from work for fifteen days is too long for you not to report to management. I agree with Abhaybandekar that you should have taken advantage of the wonders of communication available today. In some companies, you could be charged with being absent without leave (AWOL) or absent without permission (AWOP), and you could lose your job as a consequence. You are badly needed by your employer; otherwise, what is the point of hiring you in the first place? It is now up to you to convince your boss and justify your absence. Provide him/her with your justifications; documents from your doctor will suffice for this purpose.

Regards.

From Philippines, Davao City
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