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Resignation Whilst On Sick Leave

All full time and part time employees have an entitlement to accrue paid personal leave which can be taken when the employee themselves are either ill or injured or when they are required to provide care for an immediate family member or member of their household that is ill or injured.
Modern awards, other industrial instruments and contracts of employment provide an employee’s entitlement to paid personal leave. It is important to ensure you are check the entitlement for your employees.
As an employer, you can request evidence be provided when an employee requests absence for personal leave.
An employee who is absent on personal leave can provide their resignation to an employer and can remain on validated personal leave for the remaining period of their notice.
This is the same if an employee provides their resignation whilst at work and then requires absence during their notice period on paid personal leave (or unpaid personal leave if they exhaust their paid entitlement). 
Simply put, each day the employee remains employed, is a day that can be absent due to paid or unpaid personal leave.
Communicating with employees whilst on personal leave can be a minefield.  Whilst it would be understandable that an employer would need to communicate with an exiting employee regarding such things including: - the finalisation of their payroll, the return of equipment or other employer assets, or even to understand where certain tasks are up to and what is required to hand them over to others, communicating with an employee deemed medically unfit to attend the workplace can constitute a challenge of harassment.
It is important to ensure you take the right approach when dealing with a resignation or exiting employee whilst on a period of personal leave.
For assistance with understanding your employee’s entitlements, please contact us at [email protected] or 1300 720 004.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading.

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