Dear All ,
Requesting Seniors to clarify my Doubts !!!
Lets Say If an employee informing about his sick Leave to his Respective Team Manager / HR . After 2 days again he is extending his Leave for about 20 more days by a phone call or through SMS. In such cases maximum how many days his leave can be extended ? Does employer has the right to Terminate such employee
Regards,
Vinodkumar.C
From India, Chennai
4Requesting Seniors to clarify my Doubts !!!
Lets Say If an employee informing about his sick Leave to his Respective Team Manager / HR . After 2 days again he is extending his Leave for about 20 more days by a phone call or through SMS. In such cases maximum how many days his leave can be extended ? Does employer has the right to Terminate such employee
Regards,
Vinodkumar.C
From India, Chennai
Hi,
It depends upon what type of company the employer is running. If its a Govt. undertaking then you cant even think of termination in this cause. However You cant terminate in such a matter in Pvt organisation also. You need to chalk out what actually is the reason.
Grab the reason first, then act accordingly.
Regards
From India, Lucknow
It depends upon what type of company the employer is running. If its a Govt. undertaking then you cant even think of termination in this cause. However You cant terminate in such a matter in Pvt organisation also. You need to chalk out what actually is the reason.
Grab the reason first, then act accordingly.
Regards
From India, Lucknow
Dear Mr. Vinod,
You can't terminate any employee only on basis of extended leave (sick-casual-PL). If the employee repeats the activity time and again which hamper productivity, in such case u can issue a warning letter. Moreover over you can restrict that in a single stance only 3 sick leave is allowed, if any employee avail more than he / she has to submit medical report from MBBS Doctor. If the employee has availed all sick leave u can adjust his PL. If all PL also availed u can go for salary deduction.
You have not mentioned Legal status of your co. (Factory, Shops & Establishment, Company Act, Trust etc).
You should frame a proper policy for availing the Leave, Holidays, W/off etc ( keeping in view the legal points).
Aware all employee how they can avail the leave/s.
Terminating any employee on ground of Extended Leave will be unethical and agst the Labour Laws.
From India, Delhi
You can't terminate any employee only on basis of extended leave (sick-casual-PL). If the employee repeats the activity time and again which hamper productivity, in such case u can issue a warning letter. Moreover over you can restrict that in a single stance only 3 sick leave is allowed, if any employee avail more than he / she has to submit medical report from MBBS Doctor. If the employee has availed all sick leave u can adjust his PL. If all PL also availed u can go for salary deduction.
You have not mentioned Legal status of your co. (Factory, Shops & Establishment, Company Act, Trust etc).
You should frame a proper policy for availing the Leave, Holidays, W/off etc ( keeping in view the legal points).
Aware all employee how they can avail the leave/s.
Terminating any employee on ground of Extended Leave will be unethical and agst the Labour Laws.
From India, Delhi
He asked for 2 days of Leave Initially
He asked Only Once for 20 more days
He has not submitted any proof as now but he says after resuming work he will submit all necessary medical docs
My company Casual & sick leave Together 15 days / Year & Earned Leaves 12 / year.
& Most Importantly he had put down his paper 1 month ago he has to serve 60 more days of Notice period..
From India, Chennai
He asked Only Once for 20 more days
He has not submitted any proof as now but he says after resuming work he will submit all necessary medical docs
My company Casual & sick leave Together 15 days / Year & Earned Leaves 12 / year.
& Most Importantly he had put down his paper 1 month ago he has to serve 60 more days of Notice period..
From India, Chennai
Dear Mr Vinod,
During notice period an employee working in private organizations like yours is normally allowed pro-rata leave only. This means suppose, a person who is allowed 12 days SL in a year , he will be eligible for 2 days SL only during his 2 months notice period .It can be rightly inferred that concerned person wants clearance and experience certificates from you and that is reason he applied for 20 days sick leave. Pro rata sick leave with medical sickness and fitness certificates both should be permitted and for that please communicate him over phone and confirm the same action by sending SMS as well.
Regds,'
RDS Yadav
Labour Law Adviser,
Director-Future Instt of Engg and Technology
From India, Delhi
During notice period an employee working in private organizations like yours is normally allowed pro-rata leave only. This means suppose, a person who is allowed 12 days SL in a year , he will be eligible for 2 days SL only during his 2 months notice period .It can be rightly inferred that concerned person wants clearance and experience certificates from you and that is reason he applied for 20 days sick leave. Pro rata sick leave with medical sickness and fitness certificates both should be permitted and for that please communicate him over phone and confirm the same action by sending SMS as well.
Regds,'
RDS Yadav
Labour Law Adviser,
Director-Future Instt of Engg and Technology
From India, Delhi
Terminating any employee will not suffice any purpose. Firstly ascertain to know whether he is really sick or not then after you can take any action as deemed fit but it should be under purview of law.
I know that in private organization such long leave is not granted because work can not be kept on hold. However, as a humanity ground and depending upon the circumstances, things can be folded.
From India, Lucknow
I know that in private organization such long leave is not granted because work can not be kept on hold. However, as a humanity ground and depending upon the circumstances, things can be folded.
From India, Lucknow
Hello Vinodkumar,
Like Nathrao & Pan Singh mentioned, you need to ascertain the reasons before resorting to Termination.
However, pl clarify/confirm your Company's Notice Period Policy vis-a-vis leaves.
Most Companies DON'T allow any leaves during NP. And even IF medical leaves are taken, the NP gets extended on a Pro-rata basis. Meaning, if an employee in NP take 3 days Medical leave, his/her NP gets extended by 3 days.
If you don't have it in your Policy, suggest include this aspect ASAP......now-a-days many employees find ways to just complete the NP 'on paper' than doing any worthwhile work.
Medical Certificates are 'dime a dozen'....when even Degree certificates can be faked, do you think the employee can't produce a Medical Certificate?
And coming to your actual Query......reg terminating this employee.
What are you trying to achieve? Let's assume there are ways to terminate him....what next? Has your purpose been achieved....whatever it is/was? I doubt it.
I think you need to focus on whether he has handed-over/completed ALL tasks whatever he is supposed to. That's what effects your Company in the long run. NOT whether you fire him or give him medals before leaving.
In such cases/situations, 'thinking thru the head' is far more effective & needed than 'thinking thru the heart'.......
Rgds,
TS
From India, Hyderabad
Like Nathrao & Pan Singh mentioned, you need to ascertain the reasons before resorting to Termination.
However, pl clarify/confirm your Company's Notice Period Policy vis-a-vis leaves.
Most Companies DON'T allow any leaves during NP. And even IF medical leaves are taken, the NP gets extended on a Pro-rata basis. Meaning, if an employee in NP take 3 days Medical leave, his/her NP gets extended by 3 days.
If you don't have it in your Policy, suggest include this aspect ASAP......now-a-days many employees find ways to just complete the NP 'on paper' than doing any worthwhile work.
Medical Certificates are 'dime a dozen'....when even Degree certificates can be faked, do you think the employee can't produce a Medical Certificate?
And coming to your actual Query......reg terminating this employee.
What are you trying to achieve? Let's assume there are ways to terminate him....what next? Has your purpose been achieved....whatever it is/was? I doubt it.
I think you need to focus on whether he has handed-over/completed ALL tasks whatever he is supposed to. That's what effects your Company in the long run. NOT whether you fire him or give him medals before leaving.
In such cases/situations, 'thinking thru the head' is far more effective & needed than 'thinking thru the heart'.......
Rgds,
TS
From India, Hyderabad
Dear All,
I thank Everyone who took your efforts upon Sharing your Valuable Informations, Suggestions
Let me furnish few more information about the scenario . we came to know through some source that this person got offer at some other company at his own location trying to relieve within 30 days from here to join in new company ASAP. He might have committed with them to join in 45 to 60 days .To achieve that he has created an Fake impression upon himself that he is going through illness etc etc He is trying to get benefits on the basis on sympathy. But he is confident on submitting his medical records once he comes back Even though if he submits all sufficient records we are disappointed with him because of his Sick Drama.Retaining a Person with this kind of attitude will not benefit my company .because he will not be able to focus on his work any more as well.
"We know that he is Faking but we do not have any Proof to confirm that "
As per my company policy if a person takes leave on notice period he has to extend working days on pro rata basis but asking him to extend will not benefit us !!! we have two choice either send him smoothly by providing all relieving docs & FF Settlements or to teach him a lesson for his drama
Kindly Suggest me more on this !!!
Regards,
Vinodkumar.C
From India, Chennai
I thank Everyone who took your efforts upon Sharing your Valuable Informations, Suggestions
Let me furnish few more information about the scenario . we came to know through some source that this person got offer at some other company at his own location trying to relieve within 30 days from here to join in new company ASAP. He might have committed with them to join in 45 to 60 days .To achieve that he has created an Fake impression upon himself that he is going through illness etc etc He is trying to get benefits on the basis on sympathy. But he is confident on submitting his medical records once he comes back Even though if he submits all sufficient records we are disappointed with him because of his Sick Drama.Retaining a Person with this kind of attitude will not benefit my company .because he will not be able to focus on his work any more as well.
"We know that he is Faking but we do not have any Proof to confirm that "
As per my company policy if a person takes leave on notice period he has to extend working days on pro rata basis but asking him to extend will not benefit us !!! we have two choice either send him smoothly by providing all relieving docs & FF Settlements or to teach him a lesson for his drama
Kindly Suggest me more on this !!!
Regards,
Vinodkumar.C
From India, Chennai
Hello Nathrao,
W.r.t. your remark "Allowing smooth exit will make your company a better place to work", I think Vinodkumar's apprehension was towards this becoming a precedence than focusing on THIS individual case alone.
While being nice is definitely nice, HR also needs to ensure that the Company is NOT taken for granted.
Relieve him by all means.....like you mentioned, retaining such employees causes more trouble than benefit..........but also ensure he/she DOESN'T become a precedent for others too to follow the same path.
@ Vinodkumar--
Maybe it would help others to suggest changes, IF you can copy/paste your Notice Period Policy here.
Rgds,
TS
From India, Hyderabad
W.r.t. your remark "Allowing smooth exit will make your company a better place to work", I think Vinodkumar's apprehension was towards this becoming a precedence than focusing on THIS individual case alone.
While being nice is definitely nice, HR also needs to ensure that the Company is NOT taken for granted.
Relieve him by all means.....like you mentioned, retaining such employees causes more trouble than benefit..........but also ensure he/she DOESN'T become a precedent for others too to follow the same path.
@ Vinodkumar--
Maybe it would help others to suggest changes, IF you can copy/paste your Notice Period Policy here.
Rgds,
TS
From India, Hyderabad
Your observation has already been addressed in my response Nathrao.....just that I didn't quote both the lines. Pl see the II para of my response.
What everyone seems to be focusing is how to handle THIS case while I am focusing on BOTH how to handle THIS case AND ALSO ensure such cases DON'T RECUR in the future.....or at least the chances are minimized.
That's all.
Rgds,
TS
From India, Hyderabad
What everyone seems to be focusing is how to handle THIS case while I am focusing on BOTH how to handle THIS case AND ALSO ensure such cases DON'T RECUR in the future.....or at least the chances are minimized.
That's all.
Rgds,
TS
From India, Hyderabad
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