HRD & Payroll Solutions continues to bring HR Zone members a range of HR tips. This week’s tip looks at extended holidays.
Q: We have agreed to allow two employees to take extended unpaid holidays, one to visit relatives in Pakistan and the other to tour the States. We have asked them to sign a piece of paper stating that, if they fail to return to work on the agreed date, their employment will automatically end. Should we do anything else?
A: No, you have already done too much. You are of course not obliged to grant these extended holidays but have been generous in doing so.
But the piece of paper they have signed is worthless. If they fail to return on the agreed date you must investigate the reason by any practicable means, for example by e-mail or telephone. They may have a good and therefore acceptable reason, for example sickness – and remember that a foreign medical certificate is just as valid as a British one.
If they have no good reason, you should carry out a disciplinary hearing in the same way as you would for someone who had a couple of days off to go to a cricket match.
If you fail to follow these normal processes if the employees fail to return on time then, despite the signed documents, their dismissals would be unfair in law.
Previous HR tips
Developing women managers
A promotion that failed
Fixing holidays
Holiday for temporary employees
A redundancy problem
Behaviour outside work
Suspension from work
Informing employees of new legislation
Deductions from wages
Children on site
Workplace affairs
Disabled workers
Attitude problems
Redundancy selection
Custom and practice
Working Bank holidays
Disciplinary and dismissal procedures
Time off work for funerals
References
Translating rules
Banning smoking at work
Burden of proof
Contracts of employment
One Response
sick notes
A GOOD ANSWER IN SO FAR AS IT GOES.
I have seen certificates from midwives!( I forget whether it was for a man or woman)
You ought to be making clear that medical certificates will not provide any automatic reason to keep their job. You need to make a thorough investigation, including whether the ‘illness’ prevented travel
Peter Stanway