Sickness and resigning

aimeeabbie

I have an employee off work sick for over 4 weeks, today she handed in another 4 weeks sick note and resignation letter stating she want to be paid for a further 2 weeks sick then two weeks of notice with obviously not working. Her contract states she needs to give us one weeks notice. Can she really ask to be paid for five weeks without working or can i insist she only gets paid for the ones weeks notice.

Undervalued

Well indirectly she can by remaining off sick and delaying handing in her notice!

Obviously you will have to pay her at least SSP (assuming she qualifies) for however long she remains employed plus any company sick pay according to your normal policies.

Even if company sick pay runs out she may well be entitled to full pay during her notice period which you say is one week.

If she does not resign and you have to dismiss her then she will be entitled to statutory notice of one week if employed for less than two years, then a week for each complete year of employment up to a maximum of 12.

mumcoll

My OH resigned whilst on sick leave and the company only paid him 2 weeks (Sick note was for 4). When queried they said contractually they didn't have to pay the whole notice.

Undervalued

mumcoll wrote: »

My OH resigned whilst on sick leave and the company only paid him 2 weeks (Sick note was for 4). When queried they said contractually they didn't have to pay the whole notice.

The don't have to pay the full length of the sick note but they do have to pay his notice.

Like the above, your husband could have avoided this by delaying handing in his notice.

Too late now but it is almost never in an employee's best interest to resign whilst signed off sick.

Savvy_Sue

Agree with the above, she is taking the proverbial ...

Having said that, she is entitled to be paid for any holiday she has accrued and not taken, right up to the end of her (now reduced) notice period.

And the OP might want to get some professional advice on this and similar matters for the future, especially if you have a number of employees.