ABSENTEEISM

This is one of the most common problems found in area of discipline of employees who are absent without applying for leave or in situations when leave is not given but the employees still absent themselves.

Q1- CAN ANY ACTION BE TAKEN AGAINST AN EMPLOYEE WHO IS ABSENT WITHOUT PERMISSION FROM R?

There are no standard methods of discipline to deal with erring employees. It all depends on the Company itself. However HR personnal are cautioned that it is unwise to terminate an employee for his/her first offense.

For a first time offender, it is prudent on the part of the Company to take the employee aside and query the employee first as to why he was absent . Sometimes it may have been a genuine emergency, as in the case of a delivering wife.

In the case of doubtful excuses, the employee shoukd be cautioned first and the caution should be recorded. The next occurence, the employee should be given a written warning and subsequently for the next offence- he should be given a show cause letter before given the boot.

All these procedures are necessary to prevent the issue of "bona fide" surfacing during the trial.

WHAT IF THE EMPLOYEE IS ON MEDICAL LEAVE?

" Even if the employee is on medical leave, it is his duty to advise the Company of his absenteeism.This is stated in the statutory language of Sect60F(2) of the Employment Act which reads:

An employee who absents himself on sick leave-

(a)which is not certified by a medical practitioner or a medical officer or a dental
surgeon provided under subsecrtion(1A);or

(b) which is certified by such medical practitioner or medical officer or dental surgeon but without informing or attempting to inform his employer of such sick leave within 48 hours of the commencement thereof,shall be deemed to absent himself from work without the permission of his employer and without reasonable excuse for the days on which he is so absent from work.

In reference to employees absenting themselves without permission, BR Ghaiye at p.712 of the book said:

" No employee can claim as a matter of right leave of absence without permission and when there might not be any permission for the same.Remaining absent without any permission is therefore, a gross violation of discipline..."