Can Management Hire a New Employee During an Old Employee's Notice Period? Plus, LWP Concerns for Sick Leave

I want to clarify whether management can replace an old employee who is entering the notice period with a new employee. I also want to understand how management/HR can designate someone on sick leave as LWP (Leave Without Pay), even if the individual has a balanced leave account. Please assist.

Can Management Replace an Employee During Notice Period?

Yes, management can require a new employee to start work even if the old employee is still present, serving their notice period. This practice has both pros and cons. Advantages include a proper handover and some form of training from the old to the new employee. A disadvantage is that the old employee (who may be disgruntled) might "poison" the new employee. Please weigh the situation carefully before deciding on a course of action.

Sick Leave Policy and Leave Without Pay (LWP)

All sick leave must be supported by an official medical leave certificate from appointed company doctors. If an employee has complied with the sick leave policy and procedures (i.e., obtaining a medical chit from HR to visit a doctor, informing HR/their department/their superior within the stipulated timeline about sick leave, and submitting the official medical leave certificate to HR upon returning to work), management/HR CANNOT report it as leave without pay, even when there is still a balance in their annual leave entitlement.

Regards,
Autumn Jane

Dear malikpmailk, Yes, management can make a new employee come to work even if the old employee is still around, serving his/her notice period. This practice, however, has both pros and cons. Advantages can include a proper handover and some form of training from the old to the new employees. The disadvantage is that the old employee (who may be a disgruntled employee) may "poison" the new employee. Please weigh the situation first before deciding on a course of action.

Sick Leave Policy

All sick leave must be supported by an official medical leave certificate from appointed company doctors. If an employee has complied with the sick leave policy and procedures (i.e., obtaining a medical chit from HR to visit the doctor, informing HR/their own department/superior within the stipulated timeline about sick leave, and submitting the official medical leave certificate to HR upon returning to work), Management/HR CANNOT report it as leave without pay, even when there is still a balance in his/her annual leave entitlement.

Regards, Autumn Jane