# entitlement to pay in lieu of notice on resigning after leave of illness



## Mr Jones (4 Dec 2008)

My wife has worked for her current employer for the last 10 years. However, she has been out on sick leave for the last 12 months. She now feels that for health reason she will be unable to return to her current role and is contemplating resigning.

My question is will she have any entitlemnet to pay in lieu of notice ? Her contract under normal circumstances would require that she gives one months notice and the employer can insist on 3 months. But given she has been on extended sick leave, does this impact on her entitlements?

For completeness, she received full pay for 6 months and is now being paid under the terms of an insurance income continuancy policy (75% including SW sick benefit).

Any advice would be greatly appreciated.


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## WaterSprite (5 Dec 2008)

I would imagine that, if she gave one month's notice, she'll continue to get paid the 75% of salary for that period.  If she is well enough to work during that notice period, then the employer can demand that she work, but if she's not well enough then the notice period would just run while she is still on sick leave and she'd get her normal (sick leave) salary.

If the workplace is unionised (and has an agreement with the union for such circumstances) or has different policies, different criteria might apply.

Sprite


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## Caveat (5 Dec 2008)

Wrong forum guys - try reposting in _work, careers etc_


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## Mr Jones (5 Dec 2008)

WaterSprite said:


> I would imagine that, if she gave one month's notice, she'll continue to get paid the 75% of salary for that period.  If she is well enough to work during that notice period, then the employer can demand that she work, but if she's not well enough then the notice period would just run while she is still on sick leave and she'd get her normal (sick leave) salary.
> 
> If the workplace is unionised (and has an agreement with the union for such circumstances) or has different policies, different criteria might apply.
> 
> Sprite



Thank you for that.  She wants to move on and try and start again (a less presurised environment etc).  Working the months notice would be very hard (dare I say impossible) for her.  While a potential new job would mean a big drop in salary a months pay in lieu would help tie things over during the move.  I presume the SW Sick pay would stop immediately ?


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## WaterSprite (5 Dec 2008)

Wefarite may be able to answer your last query but I'd imagine that SW sick pay will also continue during the notice period.  If she accepts payment in lieu of notice (or if the employer decides to give her payment in lieu), then yes, employment would end immediately but I'm not sure what happens to SW sick pay at that stage - sorry.


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## Black Sheep (5 Dec 2008)

What about a word with her doctor as he is the one that signs the certs. If he decides that she is unfit to work her month's notice and she decides to resign due to the pressure is there a disability pension built into her employment contract.
Also as she is on SW Illness Benefit for 1 year or more she may be able to apply for Invalidity Pension and perhaps return to rehabilitative part-time (less stressful) work later


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## FKH (7 Dec 2008)

If she has been out sick for 12 months presumably she will not work the month of her notice. I would imagine that the employer would not ask her to work and simply let the notice run out. There would be no advantage to them in giving her a month's salary in lieu ad she has been out for 12 months and it would be more expensive for them.


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## Canny (26 May 2012)

I have been on sick leave and claiming Illness Benefit since February. On May 14 I gave my employer a letter of resignation due to take effect on July 1st. However since then I have reviewed my situation. I now realise that my medical condition will not be cured by July 1st which means that I will be dependent on Illness Benefit on a more long term basis as I will not be fit to seek alternative employment  - i have a problem with my coccycx which makes continuous sitting impossible therefore working as a secretary will not be possible for the foreseable future. I am wondering should I contact my employer, change my letter of resignation . Am I entitled to claim illness benefit if I am not working?
Sorry that this sounds complicated - if you need further clarification please ask me. I am confused at the moment, don't want to jeopardise my position and want to be fair to both myself and my employer particularly my work colleagues who carry an extra burden while I am out sick. My company does not pay sick leave - therefore all I am getting is €121 per week which I value and want to continue to receive.
Sincerely
Sheila


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## Diziet (28 May 2012)

Please take some advice on what happens to her income continuance insurance if she resigns.


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## vandriver (29 May 2012)

Diziet said:


> Please take some advice on what happens to her income continuance insurance if she resigns.



Thread is 4 years old


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