One of our employees is a frequent absentee. He was absent for 60 days without any information, and we have sent a not reporting to duty letter to his residence, asking him to report to duty. He reported to duty saying he was under treatment for epilepsy and submitted the medical certificate. He requested to be given a light job, which was recommended by the doctor. We also agreed and gave him a light job as requested, but again, he continues to be absent from work. We have decided to proceed with disciplinary action against him. Is it right that we can proceed against him? Please suggest.
From India, Mumbai
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From India, Mumbai
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Dear Arunkumar,
If the employee is of 'workman' category, proceed with the disciplinary procedure by issuing him a show cause notice for absenteeism, issuing a charge sheet, and conducting an inquiry. If the employee is able to prove in the inquiry that he is genuinely sick and hence required to take leave very often, follow the procedure outlined below. Let the inquiry report reflect that the employee remains absent, has submitted that he suffers from prolonged sickness, and is unable to cope up and resume his regular duties.
1) First, ask him to consume all leaves (if there is a balance).
2) Grant him special sick leave (with or without wages) with the condition that on humanitarian grounds, he is being provided special sick leave.
3) After giving him an adequate time period to recover, obtain a doctor's opinion and consider consulting other specialist doctors about the chances of his recovery.
4) If the sickness persists, and he remains absent, issue a note detailing all instances of absenteeism, the opportunities given by the company for proper treatment and recovery, and mention that due to his absence, the company has suffered a loss of profit and productivity, leading to the decision to terminate his employment as per the clause of the appointment letter.
5) Give him notice and settle the account on the same day of his termination.
This procedure is to be followed when the employee is a 'workman.'
If the employee fails to produce documents supporting his prolonged sickness, and charges of absenteeism are proven, take punitive action as per the Standing Orders. Please note that unless absenteeism is gross and habitual, the punishment of dismissal will be deemed inappropriate.
If the employee is not a workman, you can simply terminate the employment after giving a reasonable time for treatment and recovery by issuing a notice. However, please review your company's policy and past precedence.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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312If the employee is of 'workman' category, proceed with the disciplinary procedure by issuing him a show cause notice for absenteeism, issuing a charge sheet, and conducting an inquiry. If the employee is able to prove in the inquiry that he is genuinely sick and hence required to take leave very often, follow the procedure outlined below. Let the inquiry report reflect that the employee remains absent, has submitted that he suffers from prolonged sickness, and is unable to cope up and resume his regular duties.
1) First, ask him to consume all leaves (if there is a balance).
2) Grant him special sick leave (with or without wages) with the condition that on humanitarian grounds, he is being provided special sick leave.
3) After giving him an adequate time period to recover, obtain a doctor's opinion and consider consulting other specialist doctors about the chances of his recovery.
4) If the sickness persists, and he remains absent, issue a note detailing all instances of absenteeism, the opportunities given by the company for proper treatment and recovery, and mention that due to his absence, the company has suffered a loss of profit and productivity, leading to the decision to terminate his employment as per the clause of the appointment letter.
5) Give him notice and settle the account on the same day of his termination.
This procedure is to be followed when the employee is a 'workman.'
If the employee fails to produce documents supporting his prolonged sickness, and charges of absenteeism are proven, take punitive action as per the Standing Orders. Please note that unless absenteeism is gross and habitual, the punishment of dismissal will be deemed inappropriate.
If the employee is not a workman, you can simply terminate the employment after giving a reasonable time for treatment and recovery by issuing a notice. However, please review your company's policy and past precedence.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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