giving notice whilst of sick

[discoverandgo]

After advice please, recently I've had to take sick leave due to work related stress.. I've just sent in my sick note from the Doctor but I've decided I'm not going back and will look for another job. If i give my notice now will they still pay me sick pay or should i should i wait until the end of the sick note .. I'm pretty sure they wouldn't make me go back and work notice.. Hope that makes sense.. TIA

I'm don;t know much about employment law - but having been in your situation I didn't want to read and run.
How long is your notice required to be?

I'm a teacher, when I was in your situation I put my notice in before Christmas to leave at the next half term (technically I shouldn't have been able to leave before Easter - but they let me go early rather than keep paying sick pay.)

I think I went back a couple of weeks before I left - but they didn't force that, it was so I wasn't officially on sick when I moved job (I went to supply work).

It would probably be best to talk to HR, or your union if you have one. But if you give a date for when your resignation takes effect and have a sick note up to that point, in theory they should have to honour that. They may not - though - hence the importance of talking to someone in the know of the specifics.

Hello, sorry to hear about your stress.

Short answer, they can't (legally) refuse to pay you sick pay if you are covered by a doctors note.

Long answer, depending on how long your leave is, they may or may not be happy for you to remain on sick leave for the duration of your leave period (assuming your doctor will sign you off for that time period too) - if its a few weeks the sensible thing is just to let you go quietly and on reasonably good terms, whereas if it's 6 months and you are the only person that can deliver a critical project then you may find some difficulties/pressure to return to work to see out your notice period.

As PP says they might offer to let you leave sooner to avoid paying your sick pay, you don't have to agree to that if you don't want to though...

They still have to pay you sick pay as long as you're fit note is still valid and you're within the sick pay period- so if you're on SSP then as long as you haven't been on it for 26 weeks then they still legally have to pay you. If they have a different sick pay policy then their rules apply. They can't force you to return within your fit note period but they could ask you if you'd be willing to leave early. How long is your notice period and how long have you worked there for?

Thank you all, I've only been there a few months, still on probation.. I've been of sick for 4 weeks now.. deliberating my options as I've just got another sick note for another 28 days ( notice period ) so not sure if i should just say now i wont be going back a the end of the 4 weeks or leave it until the end and just send a note saying I'm happy to leave now.. pretty sure they would be happy with that rather than me take a grievance .. i will call HR and also check with them today.. i couldn't get hold of them yesterday and went into panic mode .. again thank you x

Can we check if it is SSP you are receiving? If so, they have to continue paying you whilst you are covered.

If you are in receipt of occupational sick pay (for instance, full or half pay) then there may be a contractual clause that allows them to pay only SSP.

Beware and check you Contract Ts and Cs.

Some companies have a standard clause in their employment contract to state they will not pay sick leave during an employee's notice period.