Dear experts, Is there a way to take disciplinary action against employees who are frequently taking leave on medical grounds. Pls, suggest.
From India, Madras
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3From India, Madras
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Dear madanhr@gmail.com,
While running an administration, assumptions or suspiciousness have no role. One needs to verify the facts and then arrive at the decision.
For the case at hand, have you checked why he is required to take medical leave? What is the diagnosis, and why is he taking time to get cured? Please ask him to provide documentary proof, including the doctor's certificate, medical prescription, and bills for the purchases made from the medical stores.
What was his leave balance, and has it been exhausted?
Once you have complete information at hand, verify its authenticity and submit the summary to the competent authority. Let them take the appropriate action. Please check the attached newspaper clipping.
Who knows, the employees could be suffering due to some disease as well. Against this backdrop, taking disciplinary action based on assumption would be wrong and illegal too.
Thanks,
Dinesh Divekar
From India, Bangalore
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While running an administration, assumptions or suspiciousness have no role. One needs to verify the facts and then arrive at the decision.
For the case at hand, have you checked why he is required to take medical leave? What is the diagnosis, and why is he taking time to get cured? Please ask him to provide documentary proof, including the doctor's certificate, medical prescription, and bills for the purchases made from the medical stores.
What was his leave balance, and has it been exhausted?
Once you have complete information at hand, verify its authenticity and submit the summary to the competent authority. Let them take the appropriate action. Please check the attached newspaper clipping.
Who knows, the employees could be suffering due to some disease as well. Against this backdrop, taking disciplinary action based on assumption would be wrong and illegal too.
Thanks,
Dinesh Divekar
From India, Bangalore
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Sir, thank you for your valuable input.
It is true he has some medical ailments, and he is submitting medical records too. His problem is genuine. But how long could we bear with this? He has already been given light work, and management has also agreed to a 50% contribution in his case. However, he continues to come only three days a week. This has been happening for three years. He is not ready to reach a settlement.
From India, Madras
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It is true he has some medical ailments, and he is submitting medical records too. His problem is genuine. But how long could we bear with this? He has already been given light work, and management has also agreed to a 50% contribution in his case. However, he continues to come only three days a week. This has been happening for three years. He is not ready to reach a settlement.
From India, Madras
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Smadanhr - the root cause of this is the incorrect setting of expectations. Well, hasn't the management agreed to his modality of working for the last 3 years?
If the medical/trauma records for this employee were found to be genuine and correct, then some expectations should have been set already.
Practical advice - please quote policies to the employee in writing and get it agreed with the employee that he/she may resort to WFH/flexible work model for the rest of the 2 days, but has to work the complete week.
Utmost advice - As I always quote in my responses, please do not victimize an employee - it is not ethical and is professionally immature. There is nothing that cannot be sat over and understood. Do not confront an employee with much hostility; rather, please make the employee comfortable and communicate with ease that there are expectations and from so-and-so effective date, we would need you to be in the office/work for the complete week. Do not simply show the door to the employee and try to oust them. I have handled a dozen HR cases like this in my career. All I can say is that with the right attitude and right communication, the employees would feel confident and share their thoughts freely.
Thank you.
From India, Delhi
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If the medical/trauma records for this employee were found to be genuine and correct, then some expectations should have been set already.
Practical advice - please quote policies to the employee in writing and get it agreed with the employee that he/she may resort to WFH/flexible work model for the rest of the 2 days, but has to work the complete week.
Utmost advice - As I always quote in my responses, please do not victimize an employee - it is not ethical and is professionally immature. There is nothing that cannot be sat over and understood. Do not confront an employee with much hostility; rather, please make the employee comfortable and communicate with ease that there are expectations and from so-and-so effective date, we would need you to be in the office/work for the complete week. Do not simply show the door to the employee and try to oust them. I have handled a dozen HR cases like this in my career. All I can say is that with the right attitude and right communication, the employees would feel confident and share their thoughts freely.
Thank you.
From India, Delhi
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Dear Madan,
Certainly, one can subscribe to the view of Ms. Lekha regarding genuine cases of frequent absence on medical grounds. The ways and means she emphasizes are, in fact, good HR practices. However, to me, it appears that what you mentioned are cases of justifying unauthorized absence on medical grounds. If you have sufficient reasons, such as earlier frequent absences without prior intimation but followed by leave applications later with medical certificates, you can refer the person to a medical board. This action will help curb such practices to some extent.
From India, Salem
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Certainly, one can subscribe to the view of Ms. Lekha regarding genuine cases of frequent absence on medical grounds. The ways and means she emphasizes are, in fact, good HR practices. However, to me, it appears that what you mentioned are cases of justifying unauthorized absence on medical grounds. If you have sufficient reasons, such as earlier frequent absences without prior intimation but followed by leave applications later with medical certificates, you can refer the person to a medical board. This action will help curb such practices to some extent.
From India, Salem
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Dear colleague,
Your case involves frequent/irregular absence from work on medical grounds by one of your employees.
As per your post, the medical grounds for absence over a prolonged period of 3 years appear to be genuine. You have also recognized it as such by allowing it and giving him light work as well as 3 days a week work permission. Your patience, however, seems to be running out and, quite naturally, you are wondering how long you can put up with someone who is not fully productive, though it is not his making.
There are legal and ethical sides to this which one has to weigh properly. You seem to have given him a long rope so far. What you can do is get his thorough medical checkup done and obtain an expert opinion from the doctor as to whether his illness is curable and if he can perform his normal work in the near future.
If the prospects are not so good, make him understand and bid him goodbye with a golden handshake. Also, do consider giving his son/daughter or any other close employable relative a job in his place so that his earnings are not affected.
I am suggesting this option just to balance opposite legal and ethical pulls and pressures.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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Your case involves frequent/irregular absence from work on medical grounds by one of your employees.
As per your post, the medical grounds for absence over a prolonged period of 3 years appear to be genuine. You have also recognized it as such by allowing it and giving him light work as well as 3 days a week work permission. Your patience, however, seems to be running out and, quite naturally, you are wondering how long you can put up with someone who is not fully productive, though it is not his making.
There are legal and ethical sides to this which one has to weigh properly. You seem to have given him a long rope so far. What you can do is get his thorough medical checkup done and obtain an expert opinion from the doctor as to whether his illness is curable and if he can perform his normal work in the near future.
If the prospects are not so good, make him understand and bid him goodbye with a golden handshake. Also, do consider giving his son/daughter or any other close employable relative a job in his place so that his earnings are not affected.
I am suggesting this option just to balance opposite legal and ethical pulls and pressures.
Regards, Vinayak Nagarkar HR and Employee Relations Consultant
From India, Mumbai
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We have transferred one staff member from the Kerala branch to the Tamil Nadu branch. However, he refused to receive the order issued by registered post and has not reported for duty in the past 15 days. What actions can be taken for unauthorized absenteeism?
From India, Coimbatore
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From India, Coimbatore
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Hello,
In reference to the above, if any employee of any organization is suffering from illness or a major disease, then he can take leave legally. If management has any problem regarding the same, the HR department can verify the supporting evidence or documents. If something wrong or fake is found during the investigation, necessary action can be taken against him/her.
Please consider - Everyone wants to earn money, so if any salaried employee is employed with you, why would he/she take unwanted leave? Please discuss with the concerned employees and try to understand the actual situation for smooth solutions.
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In reference to the above, if any employee of any organization is suffering from illness or a major disease, then he can take leave legally. If management has any problem regarding the same, the HR department can verify the supporting evidence or documents. If something wrong or fake is found during the investigation, necessary action can be taken against him/her.
Please consider - Everyone wants to earn money, so if any salaried employee is employed with you, why would he/she take unwanted leave? Please discuss with the concerned employees and try to understand the actual situation for smooth solutions.
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You can initiate action by the Tamil Nadu office issuing a communication asking the employee to report for duty in case the employee is interested in serving the organization. Please check the provision in the Standing Orders or service rules that provide for the loss of lien in case of unauthorized absence.
In the next communication, quote this provision and ask the employee to report by a definite date. If the employee still does not report for duty, then issue a final notice again calling for reporting for duty, failing which the name of the employee will be struck off the rolls.
Importantly, there shall be no communication from the Kerala Office. If anything is received from the employee, it shall be redirected to the Tamil Nadu Office.
From India, Mumbai
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In the next communication, quote this provision and ask the employee to report by a definite date. If the employee still does not report for duty, then issue a final notice again calling for reporting for duty, failing which the name of the employee will be struck off the rolls.
Importantly, there shall be no communication from the Kerala Office. If anything is received from the employee, it shall be redirected to the Tamil Nadu Office.
From India, Mumbai
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc