Sick note and notice

(22 Posts)
FlabulousChix Fri 22-May-15 09:17:30

I went to work this morning swiped in had a coffee and left went straight to the doctors and got a sick note for four weeks for work related stress. I can't go back it's too much. Can I seek other work that's not as stressful? If I find something can I give notice on sick leave? Also as ice had to leave due to working environment can I refuse to pay back the course they paid for that I've been unable to complete due to work?

DragonsCanHop Fri 22-May-15 09:30:59

Sorry to hear you are feeling stressed at the moment.

What does your fitness to work statement say on it?

Of course you can look for something less stressful whilst off sick, you will still need to give your notice but can sometimes arrange not to work it (and not be paid)

In our company you would still need to pay back your course fees as we sign an agreement. This would be taken from your final salary with holiday owed.

What is causing your stress, do you want to talk about it?

RightSideOfWrong Fri 22-May-15 09:41:16

You can look for other employment whilst signed off sick. You probably can't start other employment whilst signed off sick - that can get nuanced, so it's always better to take advice.

You'll need to give notice however your contract specifies, and still give the notice period that you are required to give. If your doctor signs you off for your whole notice period, you won't need to work it. Whether or not you'd be paid for it will depend on your contract terms. If you are paid when you are off sick, it'll probably be detailed in your contract. If you're on SSP, you'll get that until the end of your notice period.

You'd need to take legal advice on the course, but typically, if you've signed an agreement stating that you agree to repay the course fees if you leave, it will be recovered from your final wage/holiday owed.

FlabulousChix Fri 22-May-15 09:45:38

The cost of the course is 2k that's more than I earn and due to work and having to work during college time I've not completed the course. I have to have a fan on my desk as I keep getting anxiety flushes. I'm getting chest pains at night and can't sleep due to worrying about the work load. A colleague left last years as it was too stressful. They pay 20 days full paid sick then statutory. I don't have the money to pay back the course I live alone and cover rent etx myself.

FlabulousChix Fri 22-May-15 09:47:17

I did sign to repay if I left within here years of taking it but I'm having to leave as the workload is too much and I'm sick because of it

OllyBJolly Fri 22-May-15 09:54:31

Have you had this conversation with your line manager? Can the company do anything to make your position less stressful? Did the doctor suggest any coping strategies? Is your sick pay contractual or discretionary?

To answer your questions, yes you can resign while on sick leave. Yes, you can be held liable for the cost of the training course.

I do understand how stress and anxiety can make difficult conversations so much more difficult, but you will likely get a better outcome if you speak to your work about this.

FlabulousChix Fri 22-May-15 10:00:30

I've tried to talk to work. I sent an email New Year's Eve saying long term the pressure was not sustainable. I sent more emails in January and my line manager ignored them. Nothing has been done nothing has changed in five months other than suggesting I do a time management course. Thing is there isn't enough hours in the day to do he job. I'm really fast on the keyboard 100wpm if I wasn't that fast is not have been able to process the amount of invoices I do. I'm happy to repay the money but have to be monthly in instalments as I don't have 2k

OllyBJolly Fri 22-May-15 10:05:36

Do you only communicate with your line manager by email? That's unacceptable for a start (unless you're a remote worker which doesn't sound like it). If that was the case, I'd be escalating to their superior - they are not doing their job.

Repaying in instalments is likely to be acceptable. However, have the conversation face to face. They may waive some/all of the cost, they might come up with a solution to alleviate the stress.

Whatever, it's not worth risking your health. If you are going to leave, it's worth trying to exit the best way you can.

FlabulousChix Fri 22-May-15 10:18:09

How would you suggest please I give notice whilst on sick leave. I don't want to go back. I want to give notice Monday and not return.

DragonsCanHop Fri 22-May-15 10:41:37

How long have you been there and do you have a HR dept. it's sad to read that you can't complete your course, it sounds like you are lacking managerial support.

Things could improve with the right support.

Hoppinggreen Fri 22-May-15 10:45:31

What will you be doing for money if you resign?
You must not have savings if you can't repay the course fees and you say you live alone. You know you won't be eligible for benefits if you resign?
Obviously you need to make changes by either getting your workload reduce or leaving but imagine how stressful not being able to any your rent and bills let alone buying food will be.

FlabulousChix Fri 22-May-15 11:13:59

I've got another job already. The key will be managing on fresh air until I get paid. Job starts 1st July.

RightSideOfWrong Fri 22-May-15 11:27:24

Does your contract give details of how you need to resign?

Mine allows me to resign via email but I think that's unusual. You may be better off writing a letter and posting it recorded delivery to your office. Keep a copy of it, and the proof of postage. Send a copy of your sick note if you haven't already.

You'll need to continue supplying sick notes until the end of your notice period and return any work property that you have.

DragonsCanHop Fri 22-May-15 12:03:54

Check your contract for notice period and sick pay.

If you have another job already lined up just email your resignation today giving notice and advising you are signed off sick - they will need to see the ️️fit note.

Can you pull the new job forward?

DragonsCanHop Fri 22-May-15 12:06:33

Ask to arrange for instalments of course fees owed to be paid monthly. They have your bank details so can deduct the amount from your account.

They don't have to agree but you can ask.

FlabulousChix Fri 22-May-15 12:12:57

I've got a colleague coming this evening for the safe key. I'm also giving her my sick note as agreed with my manager I'm handing in notice today. I'm aware they will take all my holiday pay and paid sick leave from my final salary on 15th June. Leaving me with my sick pay statutory which they can't touch I'm ok with that. My health is more important than money. Heart problems run in the family and ice already high cholesterol I can't take the risk

jellybellydancer Mon 25-May-15 19:04:05

That's incorrect dragons, They cannot deduct from your bank account without a dd instruction set up

DragonsCanHop Mon 25-May-15 20:04:29

Not sure how it works jelly but I have a couple of leavers that owe course fees and I've instructed payroll to deduct monthly until covered - at the leaver employees request, and not had a problem.

FlabulousChix Tue 26-May-15 08:51:36

I rang Acas and they can deduct all of my salary other than statutory sick pay the rest that will need to recover direct. If I had worked over two years is have gone for constructive dismissal anyway but I've only been there 18 months. I gave my notice Friday to cover my sick period so I don't have to return.

FlabulousChix Tue 26-May-15 14:25:47

Anyone? From what u have read my company have actually got me to sign a penalty clause this is not enforceable by law or otherwise how can I word an email to them therefore refusing any deductions from my final pay

FlabulousChix Tue 26-May-15 14:26:01

That's what I have read

DragonsCanHop Tue 26-May-15 22:27:16

In the nicest possible way, because I can read that you feel stressed.

The company have invested money in employing you and paying your course fees, you are coming out of the agreement to finish your course early which means they will have to pay it all out again (probably) to re hire.

You signed to agree to a pay back Clause.

We would chase this payment if you worked with us.

We would send letters chasing payment from our legal department, that would (I assume) cause you stress. You need to arrange a re payment plan.

From your replies you haven't said what is causing your stress and how it has been dealt with, a time management course offered sounds to me like you are not fitting into the role so I understand you finding something less demanding but you do still owe the company the money they invested in you.

I wish you lots of luck in your new role.

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