Employee entitlements
Sick leave is generally intended to be used while you are still employed. Once you have resigned from your job, you are typically not entitled to take sick leave unless there are exceptional circumstances and both you and your employer agree to it.
If you are resigning due to illness or health reasons, it's advisable to discuss your situation with your employer and seek their understanding. Some employers may be willing to provide support or make accommodations based on your specific circumstances. However, there is no legal entitlement to sick leave after resigning in the standard employment framework.
If you find yourself in a situation where you need time off for health reasons after resigning, it's crucial to communicate openly and honestly with your employer. While there is no legal entitlement to sick leave post-resignation, some employers may be willing to provide support or negotiate a mutually agreeable solution, such as extending your notice period or exploring other flexible arrangements.
Employers are generally understanding of unforeseen circumstances, especially related to health, and may be willing to work with you to find a suitable solution. However, this depends on the employer's policies, the nature of your illness, and the specific circumstances surrounding your resignation.
In some cases, employees may also be eligible for other forms of leave, such as annual leave or personal leave, which could potentially be used for health-related reasons. Again, the availability of these options would depend on your employment contract, enterprise agreement, or workplace policies.
If you have accrued unused sick leave while employed, your employer may be required to pay out any accrued but unused leave upon your resignation, depending on the terms of your employment contract or the applicable industrial instrument.
It's essential to check your employment contract, enterprise agreement, or relevant workplace policies to understand your specific rights and obligations regarding sick leave and resignation. If you have any doubts or questions, it's advisable to seek advice from a legal professional, your workplace relations authority in your state or territory, or contacting the Fair Work Ombudsman. Remember, clear communication and documentation are essential throughout the process to ensure that both parties understand and agree on any arrangements made.
Are you looking for a job?
Now that you know whether you can take sick leave after resigning, you should take a moment to check our current vacancies page.
At 11 Recruitment, we have a range of white-collar temp and perm jobs available. We're always on the lookout for top talent to place with our clients, so we encourage you to apply for any positions that are of interest.
If none of our current vacancies are right for you, you should register for job alerts. Then we’ll be able to notify you when we receive a position that matches your profile.
