Notice pay when an employee has been on sick leave

If an employee has been on long term sick leave and has decided to resign from the position, they will still be entitled to their notice period and any accrued holiday. 

Whilst the employee may have been receiving statutory sick pay/company sick pay the employee will be entitled to their full pay rate for their notice period.

This is also applies to any employee whilst on annual leave, temporarily laid off and on maternity, paternity or adoption leave. 

In regards to the notice period, please refer to the employment contract.

Remember, the notice period can be more than the statutory minimum but it cannot be anything less! 

The statutory notice periods are:

  • at least one week’s notice if employed between one month and 2 years
  • one week’s notice for each year if employed between 2 and 12 years
  • 12 weeks’ notice if employed for 12 years or more

Lawgistics Members can utilise HR Manager, an easy to understand, simple to use piece of software that enables you to manage all aspects of HR, Employment Law, Health and Safety and GDPR compliance for your business. HR Manager is FREE and available to all Lawgistics members. Call 01480 455500 to start using HR Manager today or to talk to your legal advisor.


Authors: Roxanne Bradley

Published: 03 Feb 2020


To ensure you are a real person signing up and to prevent automated signups (spamming) could we ask you to copy the letters and numbers shown below into the box.

(cAse SeNSItivE!)

There are no comments

Share this Article