There is an employee who is absent from duty on medical ground since Dec 2014.
We had sent a show cause letter at his home within 7-10 days of his absentee, after receiving the company's letter he replied that he is suffering from "Migraine " problem and doctor has advised him for one month bed rest. In its support, he attached a medical certificate of Govt. Hospital.
We are doing correspondence with the employee via postal service and calling him in factory continuously to produce his medical dox or test reports but after completion of his bed rest period, he is submitting the extension letter of govt hospital for another one month bed rest again and again. He is not joining the duties. He is doing the same intentionally.
Now I want expert advise on the following points ;
1) Can an employee get such a long leave in the Migraine problem.
2) Can you provide us any citation of court judgement related to same case
3) how can our company become more strong in this case.
From India, Ghaziabad
We had sent a show cause letter at his home within 7-10 days of his absentee, after receiving the company's letter he replied that he is suffering from "Migraine " problem and doctor has advised him for one month bed rest. In its support, he attached a medical certificate of Govt. Hospital.
We are doing correspondence with the employee via postal service and calling him in factory continuously to produce his medical dox or test reports but after completion of his bed rest period, he is submitting the extension letter of govt hospital for another one month bed rest again and again. He is not joining the duties. He is doing the same intentionally.
Now I want expert advise on the following points ;
1) Can an employee get such a long leave in the Migraine problem.
2) Can you provide us any citation of court judgement related to same case
3) how can our company become more strong in this case.
From India, Ghaziabad
You could probably approach the Government hospital to check with the doctor who is issuing this certificate.
Approach the CMO of the hospital with the certificates and seek medical opinion on the matter.
it appears that employee is taking advantage of the medical certificate.
Delhi Medical council has issued guidelines on medical certificates:
Date on which patient was examined,nature of incapacity,degree of incapacity of patient.
Duration should not be more than 15 days at a time.
Unauthorised absence is an act of indiscipline,
Refer Manoj Kumar v/s Govt of NCT (W.P.(C) 2194/2012)
I think employee needs to be dealt with in a disciplinary proceeding and punishment meted out as per evidence merging in the case following principles of natural justice and departmental legal procedure.
From India, Pune
3131Approach the CMO of the hospital with the certificates and seek medical opinion on the matter.
it appears that employee is taking advantage of the medical certificate.
Delhi Medical council has issued guidelines on medical certificates:
Date on which patient was examined,nature of incapacity,degree of incapacity of patient.
Duration should not be more than 15 days at a time.
Unauthorised absence is an act of indiscipline,
Refer Manoj Kumar v/s Govt of NCT (W.P.(C) 2194/2012)
I think employee needs to be dealt with in a disciplinary proceeding and punishment meted out as per evidence merging in the case following principles of natural justice and departmental legal procedure.
From India, Pune
Hi Bindal,
You can refer to the standing order act 1946 under the
Discharge Simplictor: -
(a) Continued ill health: The services of a workman are liable to be discharged on account of continued ill health including loss of efficiency permanent total/permanent partial disablement or on account of illness for more than three months an has inectious/contagious effect. In such circumstances the workman shall be paid one-month salary in lieu of notice pay and he will not be entitled to any compensation in lieu thereof.
(b)On giving wrong/false declaration of suppressing material facts at the time of obtaining employment or subsequent at any stage.
At the mean time you can also refer to Industrial dispute act under Sec150B(c) termination of the service of a workman on the
ground of continued ill-health.
At the mean time as suggested by Nath rao you can take an medical expert from any government services and make verification if found to be false you can take disciplinary action under the above sections.
From Taiwan,
You can refer to the standing order act 1946 under the
Discharge Simplictor: -
(a) Continued ill health: The services of a workman are liable to be discharged on account of continued ill health including loss of efficiency permanent total/permanent partial disablement or on account of illness for more than three months an has inectious/contagious effect. In such circumstances the workman shall be paid one-month salary in lieu of notice pay and he will not be entitled to any compensation in lieu thereof.
(b)On giving wrong/false declaration of suppressing material facts at the time of obtaining employment or subsequent at any stage.
At the mean time you can also refer to Industrial dispute act under Sec150B(c) termination of the service of a workman on the
ground of continued ill-health.
At the mean time as suggested by Nath rao you can take an medical expert from any government services and make verification if found to be false you can take disciplinary action under the above sections.
From Taiwan,
As stated by learned contributors, first of all get the verification of the medical certificate done. If the medical opinion of your consulting doctors give contra opinion to what Government Hospital Doctor has given then on that basis request the Medical Superintendent to constitute the Medical Board and ask the employee to produce himself before the Medical Board at Scheduled time and place for examination. This is because the opinion of Government Hospital Doctor needs to be got overruled otherwise it carries more weight than that of a private Doctor. If the medical Board overrules the opinion of the Govt. Doctor then communicate that in writing to the employee. If he still abstains then conduct disciplinary inquiry before taking disciplinary action. If the medical opinion of the Medical Board confirms the opinion of the Govt Doctor, and the employee is a workman within the meaning of Industrial Disputes Act, then termination can be in accordance with the definition of section 2(oo)(c) of the Industrial Disputes Act wherein the meaning of "continued ill-health" has been explained by Bombay HC by referring to Apex Court decision and other High Courts decisions below:
Bombay High Court
Ramaswamy Murugesh vs Shri S.G. Bhonsale, decided on 21 June, 2005
“The expression 'continued ill-health' in sub-clause (c) of Section 2(oo) does not mean uninterrupted continued ill-health but what it means is ill-health for considerable period and long duration affecting normal duties.”
If he the employee is not a workman then resort to relevant provisions under State Shops and Establishment Act.
Thanks
Sushil
From India, New Delhi
Bombay High Court
Ramaswamy Murugesh vs Shri S.G. Bhonsale, decided on 21 June, 2005
“The expression 'continued ill-health' in sub-clause (c) of Section 2(oo) does not mean uninterrupted continued ill-health but what it means is ill-health for considerable period and long duration affecting normal duties.”
If he the employee is not a workman then resort to relevant provisions under State Shops and Establishment Act.
Thanks
Sushil
From India, New Delhi
Whatever be the alleged illness cited by the employee for his long leave of absence supported by medical certificate issued by a registered medical practioner, it is to be accepted as it is for obvious reasons. However, when suspicion arises about the genuineness of the illness or the requirement of long leave of absence from work due to such an illness or the suitability of the concerned employee's retention in service in spite of the continued illhealth based on the normal nature of his job are the important factors for taking an appropriate decision by the employer. So, it is better to refer his case to a medical board constituted by a Government Hospital. The medical board will examine whether any further leave of absence is required in case of the continuance of the illness or he is fit to rejoin duty forthwith or the nature of the illness requires any change of job and give its expert opinion accordingly.
From India, Salem
From India, Salem
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