On sick leave - handing notice

Jennyrl

Hi there

I have been signed off for two weeks sick leave and I am considering extending that. I am entitled to 9 weeks full pay I've worked for 13 years.  I believe my notice period is 12 weeks.  If I decide to hand my notice in whilst off sick will I still be entitled to paid sick leave?  I am thinking of asking to give 4 weeks notice rather than 12 as I may have found a new job. 

Regards 

Brie

If I was an employer I would question how you can start another job when you are sick.  I do know, of course, that some people are sick due to the job/manager/colleagues/building rather than being unable to work.  

If you are able to to I would discuss this with your employer.  Say you know you need to give 12 weeks notice but in reality you won't be returning to work due to your sickness (paid or unpaid) so would like to agree to 4 weeks notice instead.  They wouldn't have an option for you not to be paid if that's in your T&Cs.  And frankly they will be ahead of the game having to pay for 4 weeks without you working instead of 12.

Be aware though they may counter offer to let you leave immediately without any notice or pay in lieu of notice on either side.  I think it will be down to you to know how "nice" your manager and HR will be about it all.

Undervalued

Jennyrl said:

Hi there

I have been signed off for two weeks sick leave and I am considering extending that. I am entitled to 9 weeks full pay I've worked for 13 years.  I believe my notice period is 12 weeks.  If I decide to hand my notice in whilst off sick will I still be entitled to paid sick leave?  I am thinking of asking to give 4 weeks notice rather than 12 as I may have found a new job. 

Regards 

Probably!

However the vast majority of company sick pay schemes are "discretionary" rather than a hard and fast contractual right.

If so, they could use their discretion and not pay anything above SSP.

wilfred30

Jennyrl said:

Hi there

I have been signed off for two weeks sick leave and I am considering extending that. I am entitled to 9 weeks full pay I've worked for 13 years.  I believe my notice period is 12 weeks.  If I decide to hand my notice in whilst off sick will I still be entitled to paid sick leave?  I am thinking of asking to give 4 weeks notice rather than 12 as I may have found a new job. 

Regards 

Isn't that for your doctor to decide?

TELLIT01

wilfred30 said:

Jennyrl said:

Hi there

I have been signed off for two weeks sick leave and I am considering extending that. I am entitled to 9 weeks full pay I've worked for 13 years.  I believe my notice period is 12 weeks.  If I decide to hand my notice in whilst off sick will I still be entitled to paid sick leave?  I am thinking of asking to give 4 weeks notice rather than 12 as I may have found a new job. 

Regards 

Isn't that for your doctor to decide?

Exactly that.  A patient cannot demand that a doctor issue a 'Fit Note' if they don't think the person is actually ill.  An employer, seeing somebody trying to extend their period of sick leave, and trying to shorten their notice period due to a new job, would be justified in wondering if the sickness was genuine.  In that situation they could certainly withhold company sick pay, and potentially withhold SSP for the same reason.  There is a legal requirement to pay SSP to qualifying employees, but not if they believe the claimed illness to not be genuine.