# Can you hand in your notice whilst out sick and provide a sick cert to cover notice



## kittyb

Due to work related stress I have been out sick for six weeks and on medical advice have been advised to leave position as the situation has affected my mental health and going back will exasperate the situation.  It is because of my manager and I have spoken to various people and know that to take it down the formal route will not bode well for me and affect my health even more so I just want to leave now and try to get myself back to where I was before I started last August as it has been a nightmare.  My question is can I hand in my notice while off sick and can I provide sick certs to cover my notice period as I have tried to go back to do this but the thought of having to face him again just knocked my health completely back.  I really hope someone can help me with this question.  Thank you.


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## mtk

I woud say from financial point of view why not stay sick if they are paying you. Are they paying? 

BUT There is no reason why you cannot just give notice in writing and get sick cert for notice period. i have seen this done where peopel ( unlike you ) were not really sick but did not want to work notice period- there is nothing an employer can do in practice about it.


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## kittyb

Thanks mtk.  I suppose at the moment the whole stress thing is just killing me.  Yes I am being paid but even though i am off with work related stress the guilt of being off sick was making me feel even worse (suppose it is upbringing and all that). But am not feeling as bad about it now as have tried to contact them a few times and have heard nothing back so its not as if I'm not trying to resolve the matter.  I think the main thing now is to try to get better and remember that I am off sick for a very good reason i.e. I am sick.


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## BONDGIRL

Kitty be careful before you hand in notice because if they are paying you , you are entilted to be sick if you are sick... and if you have no job would you not get more sick due to finanical worrys?   Just send in your sick certs for now and forget about work and get better...


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## Mpsox

Bear in mind, if you resign as opposed to being made redundant/sacked , it could affect your ability to draw social welfare. You should speak to the S.W office or Citizens Advice bureau before doing anything


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## kittyb

Thanks folks, yes you are both right of course.  I got advice last week and I was advised to keep sending in my certs.  I was told it is up to them to try to sort it out and that if I just hand in my notice I am doing whats good for them but not for me as it will look like I just left the job and that I need it to go on record when this is resolved the reason I left i.e. due to bullying.  I never thought at this age of my life I would find myself in this position after over 20 years of never a problem in work.  You live and learn.


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## Chellie

kittyb said:


> Thanks folks, yes you are both right of course.  I got advice last week and I was advised to keep sending in my certs.  I was told it is up to them to try to sort it out and that if I just hand in my notice I am doing whats good for them but not for me as it will look like I just left the job and that I need it to go on record when this is resolved the reason I left i.e. due to bullying.  I never thought at this age of my life I would find myself in this position after over 20 years of never a problem in work.  You live and learn.


Hi Kitty, I know this was a long time ago but I'm in the exact same unfortunate situation. Can I ask how your situation was resolved and what the outcome was? Any advice welcome.


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## Sue Ellen

Chellie said:


> Hi Kitty, I know this was a long time ago but I'm in the exact same unfortunate situation. Can I ask how your situation was resolved and what the outcome was? Any advice welcome.



Hi Chellie,

Welcome to AAM.

Unfortunately kittyb does not appear to have visited AAM since 2010 so may well not see your post.


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## Salvadore

Hi Chellie

The thrust of the advice from 2010 remains relevant.

If a person is genuinely ill and unfit for work, they are entitled to be absent if medically certified. The extent to which they may be paid for their absence will depend on the specifics of the sick leave policy that forms part of their terms and conditions.

The question of whether you can use sick leave to serve notice is a bit of a red herring. The purpose of a notice period is to allow for your orderly departure and provision of necessary cover. If you’ve been absent on sick leave for a while, this doesn’t apply. If it’s clear that you’re not coming back, the employer won’t care if you go immediately. They’re not getting any work out of you so why would they care if you don’t work your notice? (Unless there’s some non-compete angle)

As a poster from 2010 has suggested, it’s ultimately an issue that an employer should address. They won’t facilitate the absence indefinitely. There will ultimately come a point where a decision is needed on whether a long-term absentee will ever again provide effective service. If not they can be terminated (subject to medical reports).

Ultimately, a person in this situation should do what’s best for their mental health. If they’ve decided they have no future in an organisation, they should pursue alternatives. From my own HR experience though, I would say that the longer a person is out sick, the more difficult it becomes to return.


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