Failure to Return from Leave Letter: What To Do in 2023
Steps to Take When an Employee Fails to Return from Leave of Absence
1. Contact the employee – The first step is to reach out to the employee and inquire about the unauthorised absence.
You can do this through calls, emails, or any other means of communication available.
2. Document the situation – It is important to document the situation in case the employee decides to contest or dispute the action taken. Make sure to keep a record of all communication attempts and responses received from the employee.
3. Follow company policy – Review the company policy on employee leave of absences and unauthorised absences. Follow the steps outlined in the policy accordingly.
4. Offer assistance – If the employee is experiencing personal or work-related challenges that have contributed to the unauthorised absence, offer assistance and resources to help them overcome the challenges.
5. Take necessary action – If the employee does not respond or comply with the company policy, take necessary action which may include disciplinary action or termination of employment.
Understanding the Failure to Return from Leave Letter
Related Clauses
When an employee fails to return from an approved leave of absence, the employer has the right to terminate the employee as stated in the related clause of the employment contract.
Employers and HR managers should carefully review the contract and ensure that the clause is comprehensive and clearly states the consequences of failure to return from leave.
Parent Clauses
The parent clause of an employment contract establishes the terms and conditions of the employee’s eligibility for a leave of absence. Before approving a leave of absence request, it is important to review this clause to ensure that the employee is eligible and to determine the maximum duration of the leave.
This will help to avoid confusion and misunderstandings between the employer and the employee regarding the leave.
Sub-Clauses
Sub-clauses provide additional details and conditions about the leave of absence, such as the type of leave (e.g. medical, personal), notice requirements, and benefits continuation during the leave. HR managers and employers should ensure that sub-clauses are detailed and comprehensive to avoid any disputes.
It is also important to review and update sub-clauses periodically to ensure that they are aligned with the company’s policies and legal requirements.
What to Do When an Employee Fails to Return from Leave of Absence
Document the Absence
The first thing to do when an employee fails to return from leave of absence is to document the absence. Employers should note the date the employee was scheduled to return and any attempts they have made to contact the employee.
Attempt to Contact the Employee
Employers must take appropriate steps to contact an employee who fails to return from leave of absence. Communication may include emails, phone calls, or letters.
Consider the Reason for the Absence
It’s important to consider the employee’s reasons for failing to return from leave of absence.
If there’s a valid reason such as a medical emergency, this should be taken into account.
Notify the Employee in Writing
Employers must send a Failure to Return from Leave Letter to the employee, notifying them of the consequences of their absence. It’s important to document all correspondence in relation to this issue.
Offer a Last Chance
Employers can give the employee a last chance to return to work, such as a probationary period or a formal meeting to discuss the issues. Clear policies should be in place, and any efforts to resolve the issue should also be documented.
Dealing with Employee Absenteeism
Creating an employee attendance policy is vital in managing employee absenteeism. Employers must ensure that policies are consistently enforced, with any issues documented and appropriately dealt with.
Conclusion
Dealing with an employee who fails to return from leave of absence can be a challenging and delicate issue. Employers must take appropriate steps and follow clear policies to ensure the matter is resolved fairly and effectively, while respecting employees’ rights and wellbeing.
Frequently Asked Questions
What Should Be Included in a Failure to Return from Leave Letter?
What Are the Consequences of Failing to Return from Leave?
Failure to Return from Leave of Absence Letter
In the event of an employee failing to return from leave, it is important to take appropriate measures to address the situation. The first step is to contact the employee and attempt to establish the reason for their absence.
An absence note or letter should be sent to the employee to make them aware of their breach of contract and to establish communication.
If the employee does not respond within a reasonable time frame, it is advisable to send a follow-up letter, formally requesting their return and outlining the consequences of continued absence.
The consequences may include an investigation into the reasons for failure to return from the leave of absence, a claim for breach of contract, or termination of employment.
In the event of a prolonged absence, employers may need to seek legal advice and consider hiring workers compensation lawyers. Legal advice may also be required for determining the correct procedures and communication methods to use when dealing with an absent employee.
