Legislation such as the Factories Act 1948 and the State-specific Shops and Establishments Act provides the basis for an establishment’s leave policy (where relevant), but the same provisions are mandatory to provide to employees. It only stipulates minimum standards for leave. employer. These laws do not prescribe any caps on the qualifications that employees can obtain. For unauthorized absenteeism by employees, organizational policies typically provide for standing orders (if applicable), and such absences are treated as misconduct and appropriate disciplinary action ( (including dismissal based on severity). of the case). However, the issue is complicated when long-term absence is used as a reason for serious circumstances (such as serious illness) even though it has not been authorized.
Indian courts have considered this issue several times and generally agree on the principle that an employee’s service cannot be terminated simply because he or she is on extended leave. That said, courts have time and again recognized the losses caused to an employer’s business by such situations. Therefore, the Delhi High Court1 held that since in essence the employee is rendering a service to the employer, the discretion to extend medical/sick leave cannot be left to the employee and, therefore, while on leave, the employee cannot It was of the view that this could be interpreted as serving the employer. If the period is too long, it becomes invalid and inaccurate.
Ultimately, whether long-term absence is approved or, as an alternative, termination of employment is approved, depends on the specific circumstances of each case, the assessment of the cause, and the provisions of the organization’s policies.
If an employee initially takes sick leave or other paid leave for reasons of urgency for a defined period of time, but then becomes unavailable, the employer may voluntarily, albeit with caution, You can activate the reason for abandonment. In such cases, as the Supreme Court has also held, it is essential that all reasonable efforts are made to contact the employee and understand the reason for such absenteeism2.
