What can an employer do if an employee is serving notice but keeps taking medical leave?
Reply by HRAI
If an employee is serving their notice period but keeps taking medical leave, it can be quite challenging for the employer.
In such a situation, the employer should first review the employee’s medical certificates and verify their legitimacy. If there are doubts about the authenticity of the medical certificates, the employer may request for the employee to obtain a second opinion from a company-appointed doctor.
If it is found that the employee is abusing their medical leave to extend their notice period, the employer can take disciplinary action. This may include issuing warnings or even termination, depending on the severity and frequency of the misconduct.
However, it is important for employers to handle such situations carefully and in accordance with the employment laws and regulations in the respective country.
Seeking legal advice or consulting with HR professionals can provide guidance on the appropriate actions to take. If you need further assistance or have more questions, feel free to ask. Also, don’t forget to check out our HR Certification, HRLAW Seminars, HR Training courses, and HR Consultancy Services for comprehensive HR support.
Do you agree with the advice given?
More can be done: 15.63%
Still not sure what to do: 31.25%
We have a list of clinics and employees who are serving notice can only get treatment from these clinics. Another course of action is to insist that these employees only seek treatment from the same doctor during the notice period. – Rabiah
It happened quite a few times in my previous workplace. Usually, the employee was already less engaged and had a sour relationship with the supervisor. For such a scenario, knowing that the employee is no longer interested to work, we usually would release them on mutual ground or put them on garden leave. – Venny
Agree with HRAI. also to consider his/her performance during the notice period and whether an extension of the probation period is required. – Lona