Taking sick leave whilst on my notice period

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beckysbobbles1
beckysbobbles1 Posts: 324 Forumite
in Employment, jobseeking & training
Hi all


I handed my notice in at work recently and I have a three month notice period. This would mean me leaving on 28 June.


I have an operation scheduled for 24 April. I've been having appointments etc since September 2018 and was awaiting the date for this operation for months. The date came after I handed my notice in.


I told HR about this and she explained that I would be able to have the operation and I would be paid for my time off. The handbook states sick pay is at the discretion of the company so I wanted to ask whether I would be paid and she verbally confirmed I would be paid for the two weeks off.


Because work is incredibly quiet at the moment, I asked whether they would like to reduce my notice period. In my mind there is no point them paying me to be in work when I have no work to do.


I suggested to have my final day in the office on 17 May. This would mean they would save paying my salary for six weeks. I suggested this date as it would allow me the two weeks off for my operation plus 10 days back in the office just in case there were any loose ends to tie up.


I've just had a meeting with my Line Manager who has informed me that HR would rather I leave before the operation. This would mean not being paid for the two weeks recovery. This goes against what she had previously verbally said to me.


My Line Manager is lovely and he explained he is happy with the original plan of me having the time off for my operation then a few days back in the office however HR have asked him to speak to me.


I feel very disappointed with this and feel quite frustrated as other people have left previously (under bad circumstances) and been given three months garden leave (full pay). Whereas I've always worked hard, put in many extra hours (some weeks working 55+ hours) and yet now when I need some help, they don't care.


I have said I will revert back to the original leaving date of 28 June if it means I can take the time off for my operation paid. I just wondered if anyone has any advice please?
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Comments

  • sportsarb
    sportsarb Posts: 1,069 Forumite
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    You don't owe HR anything.

    Stick to the original plan and leave on the 28th. You were being considerate and they decided to take liberties with that.
  • TELLIT01
    TELLIT01 Posts: 16,479 Forumite
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    If you are entitled to 3 months notice from the company I would simply stick to that. You tried to be helpful to them and HR have effectively thrown it back in your face. After that I wouldn't be looking to do them any more favours.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
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    TELLIT01 wrote: »
    If you are entitled to 3 months notice from the company I would simply stick to that. You tried to be helpful to them and HR have effectively thrown it back in your face. After that I wouldn't be looking to do them any more favours.

    In fairness to HR, it just sounds like the OP wants their cake and eat it, the op and only a few days back and gone.

    The company may actually want a decent handover or a substantial saving to cover the increased hassle.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Do you have any reason to need to leave early?

    If not tell your manager the deal is off you are getting paid for ALL your notice.

    If they want you to leave early they need to PILON.
  • TELLIT01
    TELLIT01 Posts: 16,479 Forumite
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    Takeaway_Addict wrote: »
    In fairness to HR, it just sounds like the OP wants their cake and eat it, the op and only a few days back and gone.


    I see absolutely no evidence of that in the OP. They have explained that there is little work, and there seems little point in being kept on after the period that they believe would be sufficient for a proper handover.
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
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    According to your other thread your new job starts on 1st June. Weird when your current notice period doesn’t end until the 28th June...
  • gettingtheresometime
    gettingtheresometime Posts: 6,911 Forumite
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    TELLIT01 wrote: »
    I see absolutely no evidence of that in the OP. They have explained that there is little work, and there seems little point in being kept on after the period that they believe would be sufficient for a proper handover.

    But if there's little work & the OP is leaving, then the employer is acting logically in reducing their salary bill by suggesting the OP leaves now?
  • TELLIT01
    TELLIT01 Posts: 16,479 Forumite
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    gettingtheresometime wrote: »
    But if there's little work & the OP is leaving, then the employer is acting logically in reducing their salary bill by suggesting the OP leaves now?


    The employer trying to 'encourage' the employee to leave to save them money is very different to claiming the employee wanted to have their cake and eat it. The employee had little to gain by offering to leave on less notice than their legal entitlement.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    edited 16 April 2019 at 10:46PM
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    TELLIT01 wrote: »
    The employer trying to 'encourage' the employee to leave to save them money is very different to claiming the employee wanted to have their cake and eat it. The employee had little to gain by offering to leave on less notice than their legal entitlement.

    Katrina has already pointed out that the OP has got something to gain by varying her notice period. Her notice period finishes June 28th, but her new employment commences 4 weeks earlier on June 1st: https://forums.moneysavingexpert.com/showthread.php?t=5988862

    So, yes, trying to amend her notice period to an earlier date to maximise her earnings whilst finishing earlier than her contract allows in order to start a new position does look like someone who is taking whatever advantage she can (having her cake and eating it).
  • FBaby
    FBaby Posts: 18,367 Forumite
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    But if there's little work & the OP is leaving, then the employer is acting logically in reducing their salary bill by suggesting the OP leaves now?

    There is if they are recruiting someone to replace OP and they need OP to be there by the time the other person stsrt for a handover face to face.

    It looks like OP has planned it well. The thing is as they've agreed an early start of the other job, they won't finish their notice period any way, the issue is that at least theoretically, the company could sue OP for any loss of income.

    Understandable OP that you would have wanted 2xweeks paid sickness, but considering you were planning on shafting them afterwards anyway, I don't think 5bey owe you any flexibility.
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