Nhs may pay, sickness, resigning

[mythreeandi]

I'll keep it short 
I've been off for a year on maternity - now taking my accrued annual leave from last year. So technically 'back'.
My workplace is TOXIC and my mental health is in absolute tatters over going back. I was going to leave and then I found out I was pregnant so stayed to ensure I got paid mat.
I've been offered a new job (non nhs) and need to give 2 months notice. Im due to finish my annual leave next week and physically return. So been back a month.
My question being - can I go off sick and hand my notice in? I want to avoid having to pay back my maternity but I honestly can't face going back.
Will my annual leave of a month count plus 2 months sick to take me to my 3 months 'returned to work' so I don't have to pay it?
Please don't judge - im a mess.

If you are sick then yes you can take sick time. Be aware it could affect your new job if your new employers chase up references/ sick time etc, although unlikely.

Have you taken the 4 weeks a/l from this leave year (23/24)

She won't get the full four weeks if she leaves part way through the year

What the previous poster put. You wouldn't of accrued enough leave to take 4 weeks from this holiday year if your leaving in the next 2 months.

i read it as she’s using her AL accrued during maternity leave rather than this years AL. Yes sick leave would also be included when working out how long you’d returned for.

My only concern would be that new job might be jeopardised. is there any way to return to work and just try to get through it especially as you know you’ll be leaving?

I don’t think you would be able to self certify to stay off for 2 months. Wouldn’t they need an assessment from occupational health or similar?

What is the NHS t&cs about how long you have to work there after you come back from mat leave in order not to have to pay back mat pay?

You will accrue a bit of leave in the current year, you should be accruing it now as you use up old leave. Can you go back and use the leave to take a day off a week, or a couple of longer blocks during the 2 months, whichever is better? Then take the odd sick day for earache or whatever.

Ah sorry just seen it’s 3 months.

I’d say as well as having to get an ongoing doctors note, I’d say tbh it would look highly suspicious if you were off sick from NHS and then magically started a brand new job.

I'm on annual leave that I accrued from last year. No annual leave taken from April this year.
I have to be back for 3 months before I can leave without paying back all my mat pay.

You need to check the policy. I know that some state that period off sick do not count towards the 3 months.

All the rights , none of the responsibility. No work in over a year and trying to get away without doing any more. This really isn't meant as an attack on the OP but as a former employer let me tell you these situations can be a nightmare to deal with. I only ever had a small workforce and a very low turnover rates that should tell you about my management style. I know OP has to do what's best for her but if you multiply individuals rights and needs by the hundreds and thousands of employees something, somewhere has got to give

So yes you can go off sick, get your gp on board, if you need to just say the stress of the situation means you can't physically return and get your gp to suppprt that with fit notes

If you're I'll enough not to be able to return to this job what makes you think you could be a reliable employee in a different job? You can only self certify for a week. If you get a sick note from your GP stating for example stress you'd have to disclose stress on form for new employer.

Can you return part time? That way you may be able to manage 3 months

Think the only way of knowing is to speak to HR. It imagine if you’ve been at the NHS for long enough to get mat pay you could go sick for the remainder of your notice period ? X

Good luck in your new job x

My friend has just done the exact same thing. I think it’s quite common practice in the NHS

You could opt to reduce your hours on return and then your accrued annual leave will go further - if you were to drop down to just one day for example instead of three then your annual leave would cover the 3 months.