Can you resign and then take sick leave?
Asked by: Ayla Bauch | Last update: February 3, 2026Score: 4.1/5 (47 votes)
Yes, you can generally resign while on sick leave, and your sick leave often runs concurrently with your notice period, meaning you don't have to return to work if you have a valid doctor's note covering that time, but your employer's specific policies and local laws (like state laws in the U.S.) dictate how unused sick time is treated (paid out or forfeited) and whether you can use sick time during your notice period.
Are you entitled to sick leave after giving notice?
An employee can take paid sick or carer's leave during a notice period if they give: notice of the leave as soon as possible. evidence if their employer asks for it, for example, a medical certificate.
Can I resign then go on sick leave?
You may resign and then go on sick leave. When going off sick, you would have to have a doctor confirming you are ill. If you were on sick leave during your resignation, you could not be forced to return to work, nor would this be considered a breach of contract.
Can I take a sick day after giving notice?
You can still take sick leave after you have handed your notice in but if the employer suspects that the sickness reasons may not be genuine, they can consider challenging you over this and even taking disciplinary action.
What happens to your sick leave when you resign?
If you retire, you can cash out sick leave. If you are not retiring, just resigning, your accrued sick leave will remain on the books for 5 years after your last day of employment. If you return to state employment prior to 5 years expiring, you get your sick leave back.
Sick Leave in Australia Explained | Your Legal Rights in 2025
Should I use up my sick days before quitting?
Whether you should use all sick days before quitting is a judgment call, but it's often seen as unprofessional and can backfire unless you have genuine, documented needs (like medical procedures) or a company culture that encourages it; generally, it's best to use them responsibly if genuinely ill or for planned appointments, but be aware it might not get paid out and could disrupt operations, so check your company policy and consider your relationship with the employer.
Will I still get sick pay if I hand my notice in?
You should receive your normal pay and benefits during your notice period. This would include sick pay. If your employer asks you not to come into work during your notice period (known as gardening leave) you should still be paid, unless you and your employer agree otherwise.
Can you take sick leave if you resign?
Your notice period and sick leave run at the same time, not one after the other. If you resigned and have a valid medical certificate with sick leave available, your employer cannot force you to return after you recover to “start” your notice. BCEA is clear — sick leave and notice run concurrently.
Can you request PTO after resignation?
Employees may submit paid time off (PTO) requests after they've given two weeks' notice, but employers can legally deny those requests. You're entitled to a PTO payout (in conjunction with your final paycheck) if you're among the 24 states stipulating this in their labor laws.
What happens if I go sick during my notice period?
In this instance, the employee will only be entitled to be paid for the reason they're off during their notice period, for example, statutory sick pay (SSP) if they're off sick, for the entire period, regardless of whether they have been dismissed or are resigning.
Can I resign and then call in sick?
Can employees take sick leave after they resign? Yes. If they are genuinely unwell, they can access any accrued paid personal leave during the notice period. Usual evidence and notification rules apply.
Is it better to resign or quit your job?
It's generally better to let them fire you if you want unemployment benefits or need to build a case for wrongful termination, as resigning makes you ineligible for benefits and weakens legal claims; however, resigning is better for preserving your reputation and controlling the narrative for future employers, especially in small industries or if you have a new job lined up. The best choice depends on your circumstances, financial needs, career goals, and the reason you're leaving.
Can I resign with immediate effect due to stress?
An employee can resign with immediate effect, but it may breach their employment contract if they fail to work their required notice period. Can an employer refuse a resignation with immediate effect? Employers cannot refuse a resignation, as employees have the right to resign.
When you resign from a job, what are you entitled to?
When you quit, you're generally entitled to your final paycheck (including earned wages, overtime, and accrued vacation/holiday pay) on your last day or soon after, depending on state law and notice given, plus payout of unused vacation/leave and benefits like COBRA, but you usually forfeit unemployment benefits unless you quit for "good cause" (like unsafe conditions or major pay cuts) and can prove you tried to resolve it.
What are the laws around sick leave?
You must provide your employer with a doctor's “fit note” (previously called a sick note) if you are off sick for more than 7 days in a row (including non-working days such as weekends). If you do need a fit note, it will say whether you are “not fit for work” or “may be fit for work”.
Do I need a separation certificate if I resign?
Do I need to provide a separation certificate? Yes, but if you have trouble getting a separation certificate from your previous employer, you should speak to Centrelink because there may be other ways to check your details to ensure you can be paid as soon as possible.
Can I call in sick during my 2 weeks notice?
Paid sick time and the 2-week notice
Usually, employers do not have to pay out mandatory paid sick time when employees terminate. Moreover, employees cannot take paid sick time during their 2-week notice for ineligible reasons.
What is the 3 month rule in a job?
The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI).
Can HR reject your resignation letter?
No, HR or an employer generally cannot legally reject your resignation because it's your decision to leave, but they can refuse to accept your proposed timeline if it violates your contract's notice period, and you must still fulfill your contractual duties (like working during notice) or face potential consequences, though you can't be forced to stay. While they can't stop you from quitting, they can enforce terms like notice, and your resignation only becomes official once accepted in records, so follow procedures to avoid disputes.
Can you resign and then go off sick?
Yes you can resign and then just get a medical certificate to cover your 3 week period notice. I did this when I worked for a university. I resigned on sick leave and my doctor did a medical certificate for me for my 4 weeks notice period and she wrote ok there that I was on stress leave.
What should I say when I resign?
When resigning, be direct, professional, and brief: state you're leaving, provide your last day (usually two weeks), express gratitude for the opportunity, and offer to help with the transition; keep reasons general ("accepted a new role") and follow up with a formal, written letter.
What happens to sick time when you resign?
No, not unless your employer's policy provides for a payout. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination.
Can I take sick leave after resigning?
In short, yes. If you approve their leave, your departing employee can take paid annual leave instead of working out the notice period. They may also use their paid personal or carer's leave, as long as they give you sufficient notice.
Should I resign on a Friday or Monday?
Resigning on a Friday afternoon gives your boss the weekend to process, while resigning on a Monday or Tuesday morning/midday allows for a smoother transition and more workdays to manage the handover, with the best choice depending on your relationship with your boss and company culture, but generally, early to mid-week is often preferred to start the process effectively.
Can I take sick leave while serving my notice?
Notice Periods and Leave
This also means that an employer is not required to grant annual leave requests when an employee is working out their notice period. Provided an employee has sick leave available, if needed, they are allowed to take it during their notice period.