One of our employees sends his resignation on medical grounds and while we are requesting a one-month notice period, he shared a long leave request and left from the service. Is there any option for terminating the employee?
From India, Kottayam
rkn61
625

When the employee himself/herself sought separation from your company on health grounds by putting his/her paper, why do you want to terminate him/her. Even if he/she does not serve notice period, you can hold his final settlement dues and papers for 1-2 months and then release him/her.

At best, You can ask him/her to submit his plea alongwith satisfactory material /medical evidences to support his request.

From India, Aizawl
Anonymous
78

Hello,
As the Employee has informed you properly then why you want to terminate him/her???? If any employee of your company is suffering form sickness, accident or any other major disease then you will terminate him/her??? Whats the way...................
Pls do not misuse your position and authority, Drop a formal mail for Medical Evidence and if he is covered under ESIC then ask him/her to avail ESIC benefits.


Hi,

When the employee was asked to serve proper notice period instead of sharing long leave request the employee should have discussed with HR in person with proper medical proof for waiver of notice period. After submitting resignation just leaving the employment open ended is not a right practice on the side of employee. In a way it has to be construed as abandonment of service even though he had submitted resignation. while the HR has the right to initiate disciplinary action , HR may investigate and find out whether the sickness reason is genuine and if so, after collecting proper medical proof he can be relieved and notice period amount can be recovered from FFS if feasible.

From India, Madras
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