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Yes and No.
If an employee is genuinely sick and can't make it to work. Sick leaves are meant to be availed in such a situation. Presence of such an employee at work may create hazards for co-workers or workplace which means additional trouble. An employer would definitely achieve better retention, work life balance and employee productivity with such a view towards his employees. Of course its an employees responsibility to provide his case with necessary certificates and documentation.
If an employee misuses sick leaves constantly without proper documentation and/or virtually visible obvious behaviour then the employer can definitely restrict such a usage. A formal workplace investigation can be initiated and further disciplinary action can be recommended. This will help in further reducing repetition of such a step by concerned or other employees.
I recommend detailed Policies and Procedures in place along with Labour Law Guidelines.
I think it should depend on the provisions of the enabling laws and the company's policies and procedures as well as the provisions of the employee handbook. Loose ends in these regards should be tightened up to avert abuse by the employees.
It is only when the necessary tithenings are done and then an employee is clearly in a breach that we could be talking about punishing the employee. However, if there are loopholes in the aforemetioned documents which an employee is exploiting, punishing such an employee may attract the attention of the law, which may not augur well for the organization.
Yes, the employer has the right to initiate disciplinary proceedings on any employee who exceeds his or her quota of sick leaves for the period. The law, however, does not allow the employer to establish a fixed amount or percentage of sick leave usage to trigger discipline. If the employer contents the employee abuses sick leave privileges, or has taken sick leaves without actually being sick, each case needs independent examination with consideration of all evidence and circumstances. A plausible evidence for employees abusing sick leave privileges is a pattern of availing sick leave in conjunction with a holiday.
However this comes when counseling fails, managers need to set their sympathies and emotions aside to enforce sick leave policies by taking appropriate action as per the attendance policy.
Yes, it can be penalized through the Labor Law and its sanctions regulations related to the company
No one is excuse under one roof. Refer to your COMPANY HOUSE RULES / POLICY it will guide you to impose fair and necesassry DA.
There is a quota for sick leave. Make a strict policy if some one breached that limit.
Thanks for invitation,
Discipline action may take place if employee overused his sick leave entitlement as per company rules and labor law guideline
