Dear All,
I have a senior employee who had a medical emergency and took one month of leave. He has since rejoined, but his performance is not up to the mark. We are considering asking him to leave, but are there any policies that prevent us from terminating his employment shortly after his medical leave? I am seeking some valuable suggestions!
Thank You,
Preethi
From India
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I have a senior employee who had a medical emergency and took one month of leave. He has since rejoined, but his performance is not up to the mark. We are considering asking him to leave, but are there any policies that prevent us from terminating his employment shortly after his medical leave? I am seeking some valuable suggestions!
Thank You,
Preethi
From India
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Hi,
If that particular employee is a good performer, why not provide him some more time to prove himself? How long has he been in the services of your company? You have not mentioned that information.
I would suggest you talk to the employee, discuss with him the performance issues, listen to his feedback, set a reasonable time frame for him to perform, and make it clear to him that in case of non-performance within the stipulated time frame, he will need to part ways. Document the agreement and get it signed by him.
In case of further non-performance, you can encourage him to submit his resignation and depart properly.
From India, Madras
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1153If that particular employee is a good performer, why not provide him some more time to prove himself? How long has he been in the services of your company? You have not mentioned that information.
I would suggest you talk to the employee, discuss with him the performance issues, listen to his feedback, set a reasonable time frame for him to perform, and make it clear to him that in case of non-performance within the stipulated time frame, he will need to part ways. Document the agreement and get it signed by him.
In case of further non-performance, you can encourage him to submit his resignation and depart properly.
From India, Madras
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Dear Preethi,
It is obvious that there would be an impact on performance when one is recovering from sickness. This change in performance is for a temporary period. During this period, management has to take care of the employee to recover but not to remove them from the job. Are you sure that the person replacing them would be able to deliver up to your expectations from day one? It is completely wrong if you are thinking so.
You simply cannot terminate someone as per your wish or whim. You need to follow the rules for termination to stay safe from a legal standpoint.
From India, Mumbai
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It is obvious that there would be an impact on performance when one is recovering from sickness. This change in performance is for a temporary period. During this period, management has to take care of the employee to recover but not to remove them from the job. Are you sure that the person replacing them would be able to deliver up to your expectations from day one? It is completely wrong if you are thinking so.
You simply cannot terminate someone as per your wish or whim. You need to follow the rules for termination to stay safe from a legal standpoint.
From India, Mumbai
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Hi,
What I gather from the issue you explained is that the employee's underperformance is leading to his termination, not medical leave. So, let's clarify this first. The termination of employment should align with the agreed conditions outlined in the contract. When a contract is drafted, it takes into account various employment laws and the organization's concerns. Therefore, you should refer to the respective employee's contract for clarification.
Moreover, if the employee had a good performance history before facing medical issues, it is essential to offer him time, support, and counseling. This approach could significantly benefit the situation. Seasoned, high-performing employees are valuable assets to any organization, and replacing them involves time and risks.
Good luck :)
From Pakistan, Islamabad
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What I gather from the issue you explained is that the employee's underperformance is leading to his termination, not medical leave. So, let's clarify this first. The termination of employment should align with the agreed conditions outlined in the contract. When a contract is drafted, it takes into account various employment laws and the organization's concerns. Therefore, you should refer to the respective employee's contract for clarification.
Moreover, if the employee had a good performance history before facing medical issues, it is essential to offer him time, support, and counseling. This approach could significantly benefit the situation. Seasoned, high-performing employees are valuable assets to any organization, and replacing them involves time and risks.
Good luck :)
From Pakistan, Islamabad
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If this is to be taken on a strictly legal note, my advice would be not to proceed with exiting the employee. It would have to be inquired whether the reason for non-performance is attributed to any consequence of the medical condition that the employee had been facing. If it is, then the employee can be sent on medical leave again, providing him with the opportunity to receive treatment and fully recover.
If the reason for non-performance is proven to be not related in any way to the medical condition, and if all procedures for performance improvement have been taken by the company, then there is scope for exit proceedings. However, the possibility is that in such a short period of time since the employee's return from medical leave, it is unlikely that all performance improvement plans have been completed. Therefore, it would be advisable not to proceed with an exit at this point.
From India, Bengaluru
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If the reason for non-performance is proven to be not related in any way to the medical condition, and if all procedures for performance improvement have been taken by the company, then there is scope for exit proceedings. However, the possibility is that in such a short period of time since the employee's return from medical leave, it is unlikely that all performance improvement plans have been completed. Therefore, it would be advisable not to proceed with an exit at this point.
From India, Bengaluru
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Hi All,
Thanks for the valuable feedback! It's my first post on CiteHR, and I never expected to receive such good responses. I am sorry I forgot to mention, "The employee joined on 1st April 2018, and from August 2018, he was not performing well. This issue persisted as he was referred by our senior manager, and we did not take any decision. In February 2019, he took a month-long medical leave. Upon rejoining, his performance level remained the same as before."
From India
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Thanks for the valuable feedback! It's my first post on CiteHR, and I never expected to receive such good responses. I am sorry I forgot to mention, "The employee joined on 1st April 2018, and from August 2018, he was not performing well. This issue persisted as he was referred by our senior manager, and we did not take any decision. In February 2019, he took a month-long medical leave. Upon rejoining, his performance level remained the same as before."
From India
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Dear member,
You mentioned that the employee joined in Apr 2018, and from Aug 2018, he started underperforming. However, after Aug 2018, did you issue him any warning letter or show cause notice? What kind of documentation do you have?
He took a month's medical leave in Feb 2019. His performance remained subpar even after he resumed his duties. Have you issued him any show cause notice or a warning letter? What documentation have you prepared?
If there is no existing documentation, it is advisable to issue him a show cause notice and request an explanation for his underperformance. Regardless of his defense, issue him a warning letter clearly stating the deadline by which he should show improvement. If there is no improvement, the administration reserves the right to terminate his services.
If the performance does not improve even after this, proceed with a domestic enquiry.
By the way, you mentioned seeking advice from seniors while maintaining anonymity. However, propriety requires the disclosure of your identity. Your case does not seem so critical as to warrant anonymity.
Thanks,
Dinesh Divekar
From India, Bangalore
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You mentioned that the employee joined in Apr 2018, and from Aug 2018, he started underperforming. However, after Aug 2018, did you issue him any warning letter or show cause notice? What kind of documentation do you have?
He took a month's medical leave in Feb 2019. His performance remained subpar even after he resumed his duties. Have you issued him any show cause notice or a warning letter? What documentation have you prepared?
If there is no existing documentation, it is advisable to issue him a show cause notice and request an explanation for his underperformance. Regardless of his defense, issue him a warning letter clearly stating the deadline by which he should show improvement. If there is no improvement, the administration reserves the right to terminate his services.
If the performance does not improve even after this, proceed with a domestic enquiry.
By the way, you mentioned seeking advice from seniors while maintaining anonymity. However, propriety requires the disclosure of your identity. Your case does not seem so critical as to warrant anonymity.
Thanks,
Dinesh Divekar
From India, Bangalore
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The concerned employee, as mentioned, had joined the company in April 2018. During this period, he must have been on probation for a specific period (3 months, 6 months, 1 year) – I believe, in which case, definite action could be taken as his performance was not satisfactory.
In case there is no mention of probation in the offer letter, 2-3 letters should have been issued inquiring about his underperformance. These letters should be kept as records for taking any drastic action, if necessary.
Before asking him to leave, you need to justify your action.
bkmohantsr
Consultant, HR
6370361410
From India, Bhubaneswar
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In case there is no mention of probation in the offer letter, 2-3 letters should have been issued inquiring about his underperformance. These letters should be kept as records for taking any drastic action, if necessary.
Before asking him to leave, you need to justify your action.
bkmohantsr
Consultant, HR
6370361410
From India, Bhubaneswar
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Hi! Herewith my 2 cents opinion.
Perform > Keep > Develop > Reward > Benefit > ROI
Not perform > Train > Set duration > Set Target < Performance Improvement Plan (PIP)
Target achieve > Keep > Develop
Target not achieve > Details report & document > Explain > Set duration to leave > Set last date
Avoid 24 hours notice termination. Give a reasonable date and time.
The Consultant
From Malaysia, Kuala Lumpur
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Perform > Keep > Develop > Reward > Benefit > ROI
Not perform > Train > Set duration > Set Target < Performance Improvement Plan (PIP)
Target achieve > Keep > Develop
Target not achieve > Details report & document > Explain > Set duration to leave > Set last date
Avoid 24 hours notice termination. Give a reasonable date and time.
The Consultant
From Malaysia, Kuala Lumpur
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Why did this talented employee leave.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf