As per company policy, any employee who is absent for more than 3 days without prior notice is termed as an absconding employee. However, the initial 3 days are marked as LOP. Should those days be entered as Absence days or LOP days? And if the employee doesn't return to work, should he be considered absconding from the 1st day of absence or the 4th day of absence? Need advice from HR professionals. Thanks in advance.
From India, Jaipur
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3From India, Jaipur
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1st day of absence would be reckoned as starting point in this case.
From India, Pune
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From India, Pune
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so if we run the Absconding action in the system from the first day of absence, would we still stand compliant when we state one if called absconded from 4th day of uninformed absence?
From India, Jaipur
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From India, Jaipur
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To my mind if an employee was absconding for 10 days. It will not be treated as 3 LOP and 7 days absconding. He will loose his pay for all 10 days, besides disciplinary actions as per company policy.
From India, Pune
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From India, Pune
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The absence is to be treated from the day of absence, i.e. the last attendance. If the employee is absent without information or due to some other reasons, the total period of absence is to be treated as absconding, and lawfully, they will lose pay for the entire period. As per the rules of your organization, being absent for up to 3 days does not amount to misconduct, and any excess calls for action. In cases where the period of absence is continuous, the period should be calculated from the first day itself.
From India, Mumbai
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From India, Mumbai
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I think Abhishek is more interested in how to mark the non-attendance of the employee. "LOP" is the effect of unauthorized absence only. You simply mark him as "absent". In such a situation, he will not be entitled to salary for the entire period of absence, apart from facing disciplinary action, if any instituted.
From India, Salem
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From India, Salem
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I have a difference of opinion. The rule says that any employee who is absent for more than 3 days without prior notice is termed as an absconding employee. So the presumption of absconding would start counting only after three days, and it cannot be prior to that. I agree that generally the presumption of abandonment would start from the 1st day of absence, but here the company policy specifies that the initial 3 days are to be marked as LOP - Loss Of Pay. So to give a treatment other than LOP would not be as per the rules. Although LOP is the same as absence in terms of effect, if there is a clause for the presumption of loss of lien, the start day has to be the 4th day, and the initial three days cannot be counted. So the proper course would be to treat those days as LOP days, and if the employee doesn't return to work, he should be considered absconding from the 4th day of absence.
I recollect that the court has held that in counting the days of absence for drawing the presumption of abandonment, the weekly holidays cannot be counted, and only the working days can be reckoned.
From India, Mumbai
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I recollect that the court has held that in counting the days of absence for drawing the presumption of abandonment, the weekly holidays cannot be counted, and only the working days can be reckoned.
From India, Mumbai
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KKHR If he joined back after days it would be ok But if he doesnt join back counting has to start from Day 1 Think if it logically
From India, Pune
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From India, Pune
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But Nathrao Sir, here the rule is specific and it does not provide for counting absence from day 1. The first three days are Leave Without Pay (LOP) only, which means it is not considered as absence in itself. I have explained the logic in my previous reply.
From India, Mumbai
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From India, Mumbai
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Dear Mr. KK! HR,
At times, logic can be misleading too. Please analyze the opening statement of the thread, which is extracted below:
"As per Company Policy, any employee who is absent for more than 3 days without prior notice is termed as an absconding employee."
It actually means any number of days of consecutive absence without prior notice beyond 3 days would be treated as abscondment of service by the absenting employee. It implies that up to the third such day it is unauthorized absence, but consecutively beyond it, the entire absence becomes absconding. In other words, the absence of the first three days just results in the loss of wages only, but when it goes beyond day three, the unauthorized absence from day one merges with the abscondment in effect.
From India, Salem
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At times, logic can be misleading too. Please analyze the opening statement of the thread, which is extracted below:
"As per Company Policy, any employee who is absent for more than 3 days without prior notice is termed as an absconding employee."
It actually means any number of days of consecutive absence without prior notice beyond 3 days would be treated as abscondment of service by the absenting employee. It implies that up to the third such day it is unauthorized absence, but consecutively beyond it, the entire absence becomes absconding. In other words, the absence of the first three days just results in the loss of wages only, but when it goes beyond day three, the unauthorized absence from day one merges with the abscondment in effect.
From India, Salem
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