Employment Lawyers Can Answer Your Employment Law Questions
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The employer cannot force you to come back from sick leave and work your notice period. It is legally possible to remain off sick for the duration of the notice period if necessary. Of course you need to ensure that you have the required evidence to satisfy the employer that you are genuinely not fit for work, such as doctor’s certificates. Another point to note is that if you remain on sick leave for the 12 week notice period you may not necessarily be paid your full pay and what you receive will depend on what your entitlement to sick pay is. For example, if the employer did not guarantee full pay and retained discretion over what you receive when on sick leave, they could potentially just pay you SSP. But the important thing is that you cannot be forced to return to work if off sick and neither can they postpone your termination date to ensure that you come back first and work before you can leave.
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