An employee went on an unauthorized leave, but she did inform us that she was going on leave a day prior. She did return to work after a few days. Now we have put her month's salary on hold as we are not yet satisfied with her reasoning and the short notice of leave, and we are waiting for further clarifications. Is this the right approach?
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Monthly salary is paid based on the number of days worked by the employee, which automatically includes holidays and authorized leave taken. If any leave is not authorized, it must be treated as Loss of Pay (LOP) only. Therefore, you cannot withhold the entire month's salary because the employee was absent without authorization for certain days in the month.
From India, Salem
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6185From India, Salem
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Thank you Mr Umakanthan. Regarding my second query can an employer force the employee to provide evidence of her leaves if the employee is not willing to.
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Before answering the second query, I'd like to highlight certain important points relating to the leave of employees which are universally recognized.
The twin objective of the provision of leave in the realm of employment is to encourage the employees to be away from the monotony of work for some time with the prior permission of the employer and get rejuvenated, and to enable them to discharge their important or unexpected personal and social obligations with the leave of the employer. It implies, therefore, that leave cannot be claimed by the employee as a matter of right and generally requires the prior sanction of the employer. However, certain specific kinds of leave like C.L, S.L may be exceptions as the contingencies for such leave cannot be predictable. So, ordinarily, liberality of the sanction of such leave depending on the purpose would make the employees be reasonable in applying for such leave. On the contrary, an indifferent approach to the sanction may demotivate the employees and may induce them to apply for leave on feigned grounds too. The pattern of leave availment over a period and the exigencies of work or the job requirements of the individual might be of much help to decide the issue reasonably. Hence, no straight-jacket formula can be suggested.
Coming to the query now - demanding the production of evidence for leave applied for is possible depending upon the length and purpose of the leave irrespective of it being with or without wages. For instance, if the leave is for prolonged illness of the employee or his family, the employer can demand medical evidence before sanction; if for any other reason like admission of the son or daughter to a far-off educational institution or a family ceremony that requires the presence and participation of the employee, the employer or the leave sanctioning authority can tactfully get the information from the employee himself. The logic behind such a move should be more about the purpose that the employee should not be allowed to keep the contract of employment under suspended animation just because of his L.O.P than mere suspicion or distrust.
From India, Salem
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The twin objective of the provision of leave in the realm of employment is to encourage the employees to be away from the monotony of work for some time with the prior permission of the employer and get rejuvenated, and to enable them to discharge their important or unexpected personal and social obligations with the leave of the employer. It implies, therefore, that leave cannot be claimed by the employee as a matter of right and generally requires the prior sanction of the employer. However, certain specific kinds of leave like C.L, S.L may be exceptions as the contingencies for such leave cannot be predictable. So, ordinarily, liberality of the sanction of such leave depending on the purpose would make the employees be reasonable in applying for such leave. On the contrary, an indifferent approach to the sanction may demotivate the employees and may induce them to apply for leave on feigned grounds too. The pattern of leave availment over a period and the exigencies of work or the job requirements of the individual might be of much help to decide the issue reasonably. Hence, no straight-jacket formula can be suggested.
Coming to the query now - demanding the production of evidence for leave applied for is possible depending upon the length and purpose of the leave irrespective of it being with or without wages. For instance, if the leave is for prolonged illness of the employee or his family, the employer can demand medical evidence before sanction; if for any other reason like admission of the son or daughter to a far-off educational institution or a family ceremony that requires the presence and participation of the employee, the employer or the leave sanctioning authority can tactfully get the information from the employee himself. The logic behind such a move should be more about the purpose that the employee should not be allowed to keep the contract of employment under suspended animation just because of his L.O.P than mere suspicion or distrust.
From India, Salem
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Thank you Mr Umakanthan once again for the detailed reply. What action can be taken on the employee in case the employee outrightly refuses to submit any evidence.
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Apologies for being too pushy, but Mr. Umakanthan, could you please reply to the query below?
What action can be taken on the employee if they outrightly refuse to submit any evidence of their leaves?
After that, I won't bug you anymore :)
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What action can be taken on the employee if they outrightly refuse to submit any evidence of their leaves?
After that, I won't bug you anymore :)
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My dear friend,
When the leave itself is rejected due to a lack of evidence, it becomes an unauthorized absence, and as a result, salary would be deducted proportionately. If the employee submits the evidence, will you proceed to approve the leave and pay the salary even if there is no leave balance available?
In cases of deliberate refusal by the employee despite your written directives, disciplinary action can be initiated against them for willful insubordination. Alternatively, if such provisions exist in your service regulations or standing orders, you have the option to stipulate that the period of unauthorized absence will not be considered in calculating their continuous service, leading to the loss of entitlement for gratuity and other terminal benefits.
From India, Salem
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When the leave itself is rejected due to a lack of evidence, it becomes an unauthorized absence, and as a result, salary would be deducted proportionately. If the employee submits the evidence, will you proceed to approve the leave and pay the salary even if there is no leave balance available?
In cases of deliberate refusal by the employee despite your written directives, disciplinary action can be initiated against them for willful insubordination. Alternatively, if such provisions exist in your service regulations or standing orders, you have the option to stipulate that the period of unauthorized absence will not be considered in calculating their continuous service, leading to the loss of entitlement for gratuity and other terminal benefits.
From India, Salem
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Thank you, Mr. Umakanthan.
We have not yet rejected the leaves but are requesting the employee to provide evidence of her leaves. She is adamant about not providing it and is okay with Loss of Pay (LOP).
Thank you once again for all the help. Greatly appreciate it.
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We have not yet rejected the leaves but are requesting the employee to provide evidence of her leaves. She is adamant about not providing it and is okay with Loss of Pay (LOP).
Thank you once again for all the help. Greatly appreciate it.
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Dear Friend,
The term used by you 'we are forcing the employee to submit evidence of her leave' is really amusing. How can you force an employee to submit something that she is not willing to submit? It may be too personal or confidential. What do you wish to establish by forcing the employee? Simply reject her leave and close the matter unless, of course, some ego issue is involved.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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The term used by you 'we are forcing the employee to submit evidence of her leave' is really amusing. How can you force an employee to submit something that she is not willing to submit? It may be too personal or confidential. What do you wish to establish by forcing the employee? Simply reject her leave and close the matter unless, of course, some ego issue is involved.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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