Dear Sir , Madam, HR Professionals,
I am working in a Auto designing firm. One of our old staff employee has been working with us for nearly 4 yrs. Currently he is facing some serious health problems from last month onwards. Now he requested to our management to have a break for 1 month.
Kindly let me know if there is any legal formalities & procedure that has to be followed for temporary suspension. I have some of the queries regarding the same. They are as follows -
1. Are those leaves for a month to be considered as unpaid leaves.
2. Any problem will arise for his Gratuity. Can these period (leaves) will be counted for Gratuity.
3. Any format for temporary suspension order.
4. How much period the suspension order can be hold. Means I want to say that, if he does not joins after 2 - 3 months then can we take him back for work. As per the Factories act or any particular act, what is the exact period that can be considered as a temporary suspension till he come back. How long can we wait for his return back. Can we wait for 2 or 3 or 6 months.
5. What action to be taken if he does not joins again. Are we taking any risk by giving him temporary suspension.
Kindly send me the format for temporary suspension order.
Kindly do the needful at the earliest.
Regards
Vinayak Sonawane
From India, New Delhi
9I am working in a Auto designing firm. One of our old staff employee has been working with us for nearly 4 yrs. Currently he is facing some serious health problems from last month onwards. Now he requested to our management to have a break for 1 month.
Kindly let me know if there is any legal formalities & procedure that has to be followed for temporary suspension. I have some of the queries regarding the same. They are as follows -
1. Are those leaves for a month to be considered as unpaid leaves.
2. Any problem will arise for his Gratuity. Can these period (leaves) will be counted for Gratuity.
3. Any format for temporary suspension order.
4. How much period the suspension order can be hold. Means I want to say that, if he does not joins after 2 - 3 months then can we take him back for work. As per the Factories act or any particular act, what is the exact period that can be considered as a temporary suspension till he come back. How long can we wait for his return back. Can we wait for 2 or 3 or 6 months.
5. What action to be taken if he does not joins again. Are we taking any risk by giving him temporary suspension.
Kindly send me the format for temporary suspension order.
Kindly do the needful at the earliest.
Regards
Vinayak Sonawane
From India, New Delhi
Hello Vinayak Sonawane,
I am not so sure if the terminology you used for the situation you mentioned--'temporary suspension'--is right.
To the extent I know of, the word/action 'suspension' is used more as a punishment than to give a 'leave of absence' for an extended period of time for health or any other mutually agreeable/acceptable grounds.
While I would leave it to other knowledgeable members to comment reg the various Acts [your Points 1 to 3], the minimum you would need to do from your end is to (1) verify (2) cross-check the medical records he is expected to submit AND, more importantly (3) get the prognosis of his medical situation from Doctors appointed by the Company--meaning to check how long it would take for the treatment & the employee coming back-into-action. That way, you would, by & large, have the answers to your queries 4 & 5.
Coming to another possibility:
What if he doesn't join again--NOT because of his medical condition, but takes advantage of the permission given to him for the extended leave & joins elsewhere? To pre-empt such a situation, I would suggest you to have things in black & white between him & the company. This is NOT to suggest that the company should be ready to go legal, but to instill some fear of such a course of action, IF it happens, into the employee. Most often, this would suffice.
However, if the employee is very straight-forward, granting such a leave-of-absence will do wonders from the HR perspective--conveys in a DIRECT WAY that the Company REALLY takes care of it's employees in times of their need. In a way, you would have ensured that this employee would work in the company for a long time to come.
Rgds,
TS
From India, Hyderabad
I am not so sure if the terminology you used for the situation you mentioned--'temporary suspension'--is right.
To the extent I know of, the word/action 'suspension' is used more as a punishment than to give a 'leave of absence' for an extended period of time for health or any other mutually agreeable/acceptable grounds.
While I would leave it to other knowledgeable members to comment reg the various Acts [your Points 1 to 3], the minimum you would need to do from your end is to (1) verify (2) cross-check the medical records he is expected to submit AND, more importantly (3) get the prognosis of his medical situation from Doctors appointed by the Company--meaning to check how long it would take for the treatment & the employee coming back-into-action. That way, you would, by & large, have the answers to your queries 4 & 5.
Coming to another possibility:
What if he doesn't join again--NOT because of his medical condition, but takes advantage of the permission given to him for the extended leave & joins elsewhere? To pre-empt such a situation, I would suggest you to have things in black & white between him & the company. This is NOT to suggest that the company should be ready to go legal, but to instill some fear of such a course of action, IF it happens, into the employee. Most often, this would suffice.
However, if the employee is very straight-forward, granting such a leave-of-absence will do wonders from the HR perspective--conveys in a DIRECT WAY that the Company REALLY takes care of it's employees in times of their need. In a way, you would have ensured that this employee would work in the company for a long time to come.
Rgds,
TS
From India, Hyderabad
Dear Sonawane
As Mr. Sateesh has rightly pointed, you can not suspend an employee to enable him to take a break from service on health grounds. The word 'suspension' is associated with disciplinary process but cannot be used as a substitute for 'leave'. When an employee seeks company's permission to remain away from work on health grounds, you need to grant him appropriate leave admissible to him under company's leave policy on production of medical certificate from a registered medical practitioner or after getting him medically examined by company's doctor as per your policy and on being satisfied with such report.If such leave is at his credit in his leave account, it shall be granted with wages. Incidentally, I may mention that every employee either in a shop or commercial establishment or factory who puts in 240 days of service is entitled to annual leave.If has no leave in his leave account, he may be granted leave without pay.
So far as gratuity is concerned, the period of leave availed with wages shall count for gratuity.
If he does not join after the expiry of leave and does not apply for extension there of, you must write a letter advising him to report for duty immediately and if he still does not resume duty, you need to take action as per company's rules such as disciplinary action etc.
B.Saikumar
HR & Labour Law consultant
Mumbai
Tel: 09930532927
From India, Mumbai
As Mr. Sateesh has rightly pointed, you can not suspend an employee to enable him to take a break from service on health grounds. The word 'suspension' is associated with disciplinary process but cannot be used as a substitute for 'leave'. When an employee seeks company's permission to remain away from work on health grounds, you need to grant him appropriate leave admissible to him under company's leave policy on production of medical certificate from a registered medical practitioner or after getting him medically examined by company's doctor as per your policy and on being satisfied with such report.If such leave is at his credit in his leave account, it shall be granted with wages. Incidentally, I may mention that every employee either in a shop or commercial establishment or factory who puts in 240 days of service is entitled to annual leave.If has no leave in his leave account, he may be granted leave without pay.
So far as gratuity is concerned, the period of leave availed with wages shall count for gratuity.
If he does not join after the expiry of leave and does not apply for extension there of, you must write a letter advising him to report for duty immediately and if he still does not resume duty, you need to take action as per company's rules such as disciplinary action etc.
B.Saikumar
HR & Labour Law consultant
Mumbai
Tel: 09930532927
From India, Mumbai
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