On sick leave but want to resign

carosel

I am currently on sick leave, I work in a care home which is linked to local NHS, my job role is in activities.  I am on sick leave due to anxiety and depression as my husband was seriously ill for many months after life changing surgery.  He still has difficult days and this will probably never change.  I am 6 months away from retirement my husband had to retire early due to his condition.  My workplace is not great at supporting staff and I am at the point of putting in my notice whilst on sick leave.  I'm not sure if I would be penalised for this move.  Would appreciate guidance.

Savvy_Sue

You'd penalise yourself. 

All the time you're on sick leave, you're accruing paid holiday, which they will have to pay you for even if you don't return to work.

So you could just wait for them to terminate your employment on the grounds of capability. 

I'd probably resign once they threatened that process, or once any Company Sick Pay ended ...

If you're in a union, talk to them!

Undervalued

carosel said:

I am currently on sick leave, I work in a care home which is linked to local NHS, my job role is in activities.  I am on sick leave due to anxiety and depression as my husband was seriously ill for many months after life changing surgery.  He still has difficult days and this will probably never change.  I am 6 months away from retirement my husband had to retire early due to his condition.  My workplace is not great at supporting staff and I am at the point of putting in my notice whilst on sick leave.  I'm not sure if I would be penalised for this move.  Would appreciate guidance.

As above. If you have made up your mind that you are not going back then just string them along and collect the sick pay and accrue holiday! 

Under many circumstances if they were to dismiss you on capability grounds, you would be entitled to full pay for your notice period even if all sick pay has run out.

pjread

at 6 months to retirement, and on sick leave for the reasons you mention, I imagine that could well last until your retirement date.  If so I can't think of a compelling reason to resign.  

Are you employed by NHS?  What's your notice period?  Is the doctor unwilling to extend the sick/fit note?

Marcon

carosel said:

I am currently on sick leave, I work in a care home which is linked to local NHS, my job role is in activities.  I am on sick leave due to anxiety and depression as my husband was seriously ill for many months after life changing surgery.  He still has difficult days and this will probably never change.  I am 6 months away from retirement my husband had to retire early due to his condition.  My workplace is not great at supporting staff and I am at the point of putting in my notice whilst on sick leave.  I'm not sure if I would be penalised for this move.  Would appreciate guidance.

Penalised by whom and in what way? If you are only 6 months from retirement, what are you fearing might happen?

You'd miss out on building up another 6 months of pension benefits, and of course your salary for that period, but that's hardly a 'penalty' if you choose to resign. If you're in a final salary or CARE (aka defined benefit) pension scheme, you don't have to take it until you reach your retirement age, assuming you and your husband can cope financially without your salary until then.

TELLIT01

I agree with the others, don't resign at this point as it won't be beneficial to you.  Assuming your GP will extend your 'sick note' and you are being paid, just put the job out of your mind and look after your own health and that of your husband.

Brie

If resigning would make you feel better, help you recover from the anxiety and depression then I think it's something to be considered.  Sometimes just letting go is a big relief.  

But the others are right - if you can, stay and collect all the sick pay, holiday accrual, pension credits whatever and retire as you had originally planned.  If your employer isn't supportive then you owe them no loyalty.  They certainly can't take away your pension or anything like that and all the pay vs sick pay etc is legislated so if they tried anything funny you could whack them with a big law suit.  

Marcon

Brie said:

If resigning would make you feel better, help you recover from the anxiety and depression then I think it's something to be considered.  Sometimes just letting go is a big relief.  

But the others are right - if you can, stay and collect all the sick pay, holiday accrual, pension credits whatever and retire as you had originally planned.  If your employer isn't supportive then you owe them no loyalty.  They certainly can't take away your pension or anything like that and all the pay vs sick pay etc is legislated so if they tried anything funny you could whack them with a big law suit.  

Massive overreaction and not what someone suffering from anxiety and depression will find consoling. 

OP - highly unlikely they will 'try' anything and if they do, your first port of call is ACAS (free) and if essential, an employment tribunal (also free) or assistance from MoneyHelper if it's a pensions problem (also free). Absolute nonsense to suggest that you need to 'whack them with a big law suit' (at huge cost), so don't waste a minute worrying about that idea.

carosel

Thanks for all your replies.  Just an update - I have been asked to attend a work review - I can take support which would be my union rep.  They have initiated this because I have been on sick leave for 6 months and have just had an interview with Oc Health.  It is to discuss my health issues.

Savvy_Sue

carosel said:

Thanks for all your replies.  Just an update - I have been asked to attend a work review - I can take support which would be my union rep.  They have initiated this because I have been on sick leave for 6 months and have just had an interview with Oc Health.  It is to discuss my health issues.

Hope that goes well for you. If work don't anticipate you being well enough to return, at least you're owed another month's worth of annual leave than when you first posted. Glad you have union support. 

[Deleted User]

carosel said:

Thanks for all your replies.  Just an update - I have been asked to attend a work review - I can take support which would be my union rep.  They have initiated this because I have been on sick leave for 6 months and have just had an interview with Oc Health.  It is to discuss my health issues.

Is the occupational health NHS or a private provider? I ask as your job is linked to NHS.