Termination letter due to frequent absence


  • Absenteeism
  • Termination due to AWOL, Tardiness or Abandonment
  • What Can I Do if My Employee Is Taking Too Many Sick Days?
  • Termination Letter – Termination Letter for Absenteeism
  • Top 10 Employee Termination Letter Samples
  • 6 vital steps before terminating an employee for poor performance
  • Absenteeism

    Naid Hard skills were in demand for a very long time. However, the employers look for hard and soft both skills in an employee. Your technical skills should be good but so should your attendance. The recruiters will look at your attendance and your reliability. Coming to work on time is also very important. Why is it important to avoid any uninformed holidays? If an employee does not come to work and has not applied for leave, this can create a very chaotic situation for the employer. The work burden will fall on others and it will be hard to manage the operations.

    It will cause stress and financial strain over the employer. According to a survey, unplanned absences can cause financial loss, work productivity issues, client dissatisfaction and a high rate of termination.

    Advertisement Employers want to hire employees who are more reliable and dependable. If your employer terminates you on the grounds of your poor attendance, this can reflect badly on your performance and it will make it hard for you to land a job. Similarly, if you have maintained good attendance records, which will also reflect on your performance and will make you stand out from other candidates. Sample Letter Dear John, With a lot of grief, I have to inform you that the company has decided to terminate you.

    We have a very strict attendance policy which you do not seem to follow at all. Your attendance records have been very poor since last two months. Uninformed absence has resulted in hiring extra staff making it very hard to manage the work load. This has affected the morale of fellow employees. We cannot allow any employee to break our policies and disrupt the discipline of our work place. We arranged meetings with you to counsel you over this issue.

    Employees are allowed to take days off, but they have to inform us in due time. You have been repeating this behavior since last two months and it has become unacceptable now. Your absence has resulted in damaging our repute in front of our clients and we have lost our sales due to this reason. We have tried to train you over this issue, but we have observed no improvement.

    The directors have therefore decided to terminate your employment without any further notice. Your last day of work will be date. You can contact the HR for any formalities and questions that you might have. Please make sure to return all the office property you required to perform your duties. We wish you good luck for your future. Please let me know if you have any questions at all. With thanks,.

    Termination due to AWOL, Tardiness or Abandonment

    Does Absenteeism Justify Immediate Dismissal? The law Section 15 2 of the Employment Act provides that an employee shall be deemed to have breached his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence.

    Section 13 2 provides that either party to a contract of service may terminate such contract of service without notice in the event of any wilful breach by the other party of a condition of the contract of service. For employees and contracts of service which fall outside of the scope of the Employment Act , they are governed by the terms as set out in their contracts of service. It is usual for these employment contracts to regulate that the employee shall be deemed to have breached his employment contract if the employee has been continuously absent from work for more than three consecutive working days without leave.

    Two significant issues which come up are whether absenteeism without leave is a serious misconduct and whether it justifies immediate dismissal by the employer. General principle: Absenteeism is a serious misconduct The Courts have consistently decided based on the general principle that absenteeism without leave by an employee is a serious misconduct.

    Employees do not have the right to go on leave without the approval and consent of their employers. Remaining absent without any permission is gross violation of discipline. Hence, continued absence from work without permission will constitute misconduct justifying the discharge of a workman from service. Mohd Amin Mahmud Halder [] 3 ILR , the Industrial Court decided that the claimant employee had committed a grave misconduct by blatantly absenting himself from work without getting prior approval from the hotel.

    Is immediate dismissal justified? From the authorities above, it is apparent that absenteeism without leave justifies the immediate dismissal of an employee. The Industrial Court in Thawendran Wendran v. The Court is of the opinion that the company was justified in dismissing the claimant after the company had indeed given the claimant many opportunities to improve on his punctuality and attendance at work.

    The Claimant has absented herself for more than two days for no compelling reason even though this is her first instance. I do not think her application for leave to COW. That is why the Court finds that her first unexcused absence constitutes misconduct warranting the punishment of dismissal. It must be stressed that the Claimant left knowing her application for leave was pending; the Claimant breached willfully and materially a duty that she owed to the Company that is to be at her place of work.

    It is incumbent upon the employee to clarify if need be or ascertain whether her leave applied for has been approved or not. The Court has considered the principle of proportionality of punishment and finds that on the facts and evidence dismissing the Claimant was reasonable. The claimant denied the allegation of absenteeism and alleged that as a direct sales executive in the company, he was required and given the liberty to work outside of the office to meet clients.

    Based on the documentary and oral evidence, the Industrial Court found that the employee had in fact been away from the office for more than three months and the company was aware of this but did nothing.

    And the uniform rule is that an employer who continues to keep an employee with full knowledge that the latter has committed a breach of duty condones the breach, and such waiver or retroactive permission prevents the employer from later punishing the employee for it.

    Once a master has condoned any misconduct which would have justified dismissal or fine, he cannot after such condonation go back upon his election to condone and claim a right to dismiss the servant or impose a fine or any other punishment in respect of the offence which he has condoned It is also settled that permitting an employee to return to service after an authorized absence is a condonation thereof.

    Conclusion It is always prudent for the employer to communicate clearly to its employees whenever its employees commit absenteeism without leave.

    The employer should seek clarification and evidence from the absent employee and thereafter decide on the appropriate sanction to be imposed on the employee. This will set an example to all other employees and show that the employer does not take absenteeism lightly.

    What Can I Do if My Employee Is Taking Too Many Sick Days?

    Indeed, employers will often reserve the right in your contract of employment for their medical experts to be able to provide a second opinion on the state of your health. Whether or not such a right is reserved, you could be considered to be acting unreasonably if you refuse to agree to such a request although your employer will be in a stronger position where there is a contractual right reserved.

    You may especially find that you are asked to attend an examination by occupational health professionals where you are on long term sick leave. Any occupational health report would usually cover the diagnosis, likely prognosis, treatment and timescale for any return to work, as well as detailing the duties you may be able to perform. The report should also give guidance on any reasonable adjustments to working arrangements that could be made to assist you.

    Your employer can then make an assessment of your fitness for work. You should take legal advice if you do not agree with the assessment. If your employer can show that it has taken all necessary and reasonable steps to ascertain the state of your health together with future prognosis, then they are more likely to be seen as acting reasonably should a decision be ultimately made to dismiss you on the grounds of ill health. Where your sickness amounts to persistent short absences by unconnected minor ailments, you should ideally be told what level of attendance you are expected to attain, and that dismissal may follow if there is no sufficient improvement.

    Your employer should be careful to adhere to the correct disciplinary procedures such as prior formal warnings as an Employment Tribunal could otherwise well find that a dismissal is unfair on procedural grounds.

    Quite often, such an illness amounts to stress and anxiety due to pressure of workor bullying and harassment by your employer. If your sickness amounts to a disability under the Equality Act, you may have a claim for disability discrimination. Please click here to access the disability discrimination page. What if my employer has an absence and sickness policy? Authorised absence can often be dealt with by policies by your employer, such as: requiring absent employees to phone in by a given time on each day of absence; having a return to work interview to ensure there are no underlying issues; taking disciplinary action if unexplained absence continues.

    Termination Letter – Termination Letter for Absenteeism

    If your employer has such a policy in place which has been drawn to your attention, you will be in a weaker position if you do not adhere to it.

    Note: Your employer should have regard to the duty to make reasonable adjustments when issuing disciplinary warnings for sickness absence where you have a disability. A blanket absence management policy, under which all employees both disabled and non-disabled are treated equally is therefore capable of placing you as a disabled employee at a substantial disadvantage. This means your employer may have to extend the time in which disciplinary action can be taken under its attendance management policy, and have particular regard to your periods of sickness absence.

    Can I easily be dismissed for capability reasons if I am contractually entitled to long-term disability benefits or PHI? It has been held that a term must be implied into your contract of employment in these circumstances, that you cannot be dismissed for incapacity reasons where you have a contractual right to receive disability or private health insurance benefits from your employer. This applies even if your contract of employment had a termination clause which expressly reserved the right to terminate for incapacity.

    Does my agreed phased return to work mean my employer can reduce my pay to reflect the reduced hours worked?

    If you return to work part- time after a period of absence of less than 12 months, you are entitled to the same pay and benefits that applied to your full-time job on a pro-rata basis. This means that, apart from making pro-rata reductions in accordance with the number of hours worked, your employer cannot change your pay or other contractual benefits to your detriment just because you are now working part time.

    Am I still entitled to receive statutory sick pay on a phased return to work? Yes, you should receive SSP for the days that you are sick in the normal way.

    Any day for which SSP is paid will count towards your maximum entitlement of 28 weeks. Can I carry out other work if I have 2 jobs whilst I am supposed to be on sick leave? Yes, it is possible that you can be medically unfit for work one under one contract, while still capable of work under another contract. This is on the assumption that there is no overlap in the hours of 2 roles so that you are not being paid twice for the same hours.

    Top 10 Employee Termination Letter Samples

    If the 2 roles are similar in nature, however, you may have difficulty explaining the inconsistency. The mentioned date will be your last day of work with add firm name. The aforementioned data is as per the notice period for employment termination as specified in your contract. The reason for termination of employment is improper conduct or behaviour with the customer.

    6 vital steps before terminating an employee for poor performance

    The details are mentioned in the attached documents. Please return all company equipment, material or documents that are in your possession. Two significant issues which come up are whether absenteeism without leave is a serious misconduct and whether it justifies immediate dismissal by the employer. General principle: Absenteeism is a serious misconduct The Courts have consistently decided based on the general principle that absenteeism without leave by an employee is a serious misconduct.

    Employees do not have the right to go on leave without the approval and consent of their employers. Remaining absent without any permission is gross violation of discipline. Hence, continued absence from work without permission will constitute misconduct justifying the discharge of a workman from service. Mohd Amin Mahmud Halder [] 3 ILRthe Industrial Court decided that the claimant employee had committed a grave misconduct by blatantly absenting himself from work without getting prior approval from the hotel.

    Is immediate dismissal justified? From the authorities above, it is apparent that absenteeism without leave justifies the immediate dismissal of an employee. The Industrial Court in Thawendran Wendran v.


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