Dear Friends,

Can an Employee be expelled on the basis of illness. When he has newly joined the company and he has been present in the company for few days but for 1 week is not attending the office due to medical grounds .

Now he has recovered and wants to regain his job.

Can a compnay expel any employee on account of not coming to the office on medical grounds?

Thanks

RMJ

Unless the illness is fake, normally, we need to understand that every employee is a human being and as such, would fall ill to some illness or other. As such, it is not ethical to remove an employee just because he has fallen sick. As I mentioned, if the employee is faking it, you can take measures to see that he does not repeat the incident again in his career with you. However, I would suggest you talk to his previous employer to understand that his is not a case of frequent illness, in which case, you can ask him to undergo a medical check to ascertain why he is falling ill frequently.

To get back to your question, no, we cannot terminate an employee, even a new joinee, just on the basis of his falling ill.

Dear RMJ,

Generally, there is reference of Relinquishing clausein the appointment letter to deal with such situation. In the event of non availability of sufficient proofs employment could be terminated.

Also Medical Records/Reports/Bills etc could be taken from employee to check the truth. Previous Employer could also be contacted in case of medical history.

However it is not advisable to terminate the services before proper verifications.

Regards, Savita

Dear RMJ,

The Employee can be expelled if there has been no supporting documentation provided for the leave taken.

On humanitarian grounds the co may consider his/her continuation of employment however it will depend on the certificates/letter provided by the employee.

cheers