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Dear All,

If an employee is ill and has not provided a fixed date for rejoining the office. Each time he gives a date, but later he refuses to rejoin on the same date. Sometimes, he doesn't answer calls or messages, yet on the other side, he expresses interest in rejoining.

My management has instructed me to draft a warning letter for him. In such a case, what points should we mention in the letter? This is concerning informed absenteeism, so I would like to know the key points I should include. I have reviewed many warning letters, but they address absenteeism without prior notification. I am looking for guidance on how to address a situation where there is intimation but no fixed date provided for rejoining.

Thanks in Advance.

From India, Pune
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Pooja,

From the contents of your email, it seems that your HR manual clearly establishes a protocol to be followed in such a case. Please feel free to send a notice of termination stating all the facts and referencing all your communication to him. Also, specify any loss to the business that your company would have incurred because of such uninformed absenteeism.

Referencing the relevant sections of the HR manual, write to the employee to join the office along with a medical certificate ('fitness certificate'). Also, quote a specific date (at least 7 days from receipt of your letter) by which his services will be terminated if you do not hear from him or his authorized representative.

Feel free to send this notice mentioning 'without prejudice' at the top.

Best wishes!

From India, New Delhi
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Dear Pooja,

One of the employees of your company is sick and is unable to attend the office. He has been asking for an extension to resume his duties. However, the question arises: what is the diagnosis? Since when has he been hospitalized and how many times has he sought an extension?

What efforts have you taken to assess the validity of his sickness? Is the employee from the same city? If yes, did you visit his home or hospital? Have you verified the medical documents? Has he submitted any medical certificates while asking for an extension of leave?

When the employee became sick, initially he might have asked for either sick leave or earned leave as the case may be. However, did he submit a medical certificate since the leave was requested on medical grounds? Later, the employee needed more time to recover; therefore, he might have asked for Leave Without Pay (LWP). This is my assumption. However, whenever he asked for an extension, did he apply for proper leave with a valid medical certificate? It appears that you have not followed this procedure.

Issuing a warning letter or terminating an employee without assessing the reliability of his claim is viewed unfavorably in the eyes of the law. Therefore, take action, but first verify the facts and then proceed with an action. Please note that administrative action should be based on evidence, and surmises have no role to play.

Thanks,

Dinesh Divekar

From India, Bangalore
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Thank you, Raajesharya & Dinesh Sir.

However, he is ready to submit medical documents. But each time he lied to us that on a specific day he would resume his duty, when in reality he did not. Also, sometimes neither he nor his family answered our calls. His hometown is different from the job location. Since January, he has been absent from duty due to illness. So, my boss wants me to issue a warning letter to him.

From India, Pune
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Dear Pooja,

If he submits the medical documents and fails to join, then you may give an ultimatum to start duties. If he fails to resume his duties by a certain date, then include in the letter that his services could be terminated.

Thanks,
Dinesh Divekar

From India, Bangalore
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Dear ---------------

You have been on leave/absent since ______________ due to sickness. Despite making promises to resume your duty by _______________, _______________, and _____________ dates, you have failed to fulfill these commitments. The Management needs to ascertain your fitness status and clarity on your return. Therefore, we kindly request you to submit your medical fitness certificate and/or the recommended rest period from the Medical Practitioner. This information will help us make a decision regarding hiring a new candidate to fill your position, as your absence is impacting work.

Additionally, we require a written confirmation of your final date of returning to work. Failure to provide this confirmation within 7 days from receiving this letter will lead us to assume that you are no longer interested in continuing your employment. In such a scenario, you will be considered an absconder, and necessary procedures will be followed accordingly.

Your response is expected within 7 days of receiving this letter.

Seniors and other forum members are welcome to share their thoughts on the draft letter.

From India, Ahmadabad
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hi I need total basic information how ESI can be deducted. can anyone give the information.
From India, Mangalagiri
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Hi HR Fertility,

One of our employees has not reported for duty along with a fitness certificate. He is attending a marriage and all. How can we take stern action against him, and can we terminate him for such an incident?

From India, Jaipur
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