AIBU to be off sick this long, will i get in trouble?

[1sicknote]

I,m likely to be off work for 5months and I'm just realising my job contributed to me getting sick, I shouldn't go back. Can you be off sick for 5months, then hand notice in? (I also have 7 weeks holiday owed) I feel very guilty and a little scared to be off this long.

I'm a part-time carer, private company for 2yrs. single parent. I'm paid very little, after travelling between patients and extra time spent it's less than minimum wage. I've never been off sick before, taken one week holiday in the two years, tried to book holiday but they're always short staffed etc. I'm pressured to work more than my part-time hours. On days off they call and text half a dozen times asking me to work. They get upset if you don't pick up.

Before Christmas my body just gave up, I went to my GP with what I thought was a virus and GP called an Ambulance. BP was so high it was effecting kidney function. Out in couple of days, with medication that is giving me terrible side effects, seeing GP regularly and a consultant that is doing tests and then will hopefully they will find medication that works. This could take awhile. In the mean time just normal household things are exhausting.

When out of hospital, I asked to work day shifts for a few weeks and said that I couldn't do overtime for a while, I offered to use built up holiday if needed. Work where not nice, told me to work the shifts I was given, no holiday unless booked off months in advance and only then if agreed and went on to say I was not eligible for SSP. Sent me to Job centre with form to claim benefits. Had check up with GP that day who saw me upset, I explained and GP said they wouldn't advise me working until medication working and sorted, is signing me off monthly. I Went to CAB and I am now getting SSP from employer. I can afford to be off for now, with little help from parents. I am sure I can find job easily when better.

I know I'm not going back and I'm not sure when to hand notice in or tell them? AIBU? should I just leave now?

oh and user name changed for post ;)

Others might have more experience than me in this area, but my thoughts based on what I know. Firstly ‘trouble’ isn’t really an issue, your employer may choose to let you go (e.g. on absence grounds) but you don’t want to stay anyway.

I am assuming you’re only entitled to SSP whilst employed so I wouldn’t resign on that basis, so you can keep the SSP (until you leave or they fire you) - I have no idea however if you can get SSP or an income related benefit when unemployed and ill (obviously UC exists and replaces ESA which in theory I think would be the one, but what I mean is I don’t know if there is a state version of SSP in the same way that new mothers can get Maternity Allowance when not entitled to SMP).

So basically based on my ramble above (sorry!), I assume you would be better off staying there until either they let you go for absence reasons so you can continue to receive SSP or you leave because you’ve found another job. However I would check a benefits calculator to see what support you might be entitled to when unemployed, however there’s no guarantee with benefits and how quickly they would processed hence at least with SSP you know what you’re getting, that you’re getting it, and you’ve said for now you can make that work with some family support.

Hope you find a better job and feel better soon

Oh and you should be able to resign whenever you like, so being off sick and then resigning shouldn’t be an issue. Your contract will outline your notice period but given how the job sounds, I highly doubt they’ve enhanced anything for you and therefore expect a return for a certain amount of time or anything like that. So yes in theory you should be able to be off sick and then resign, but check your contract, and be aware that they will likely have a policy for sick absence hence my point above that they may seek to let you go on absence grounds. If they do, they should have some sort of procedure to follow - it doesn’t sound like the best of organisations but perhaps see if your contract or other info (eg company handbook?) has details on policies and procedures.