Signing a settlement agreement in case of illness?

Questioner

I am on sick leave due to a hernia, but it is expected that I can work again within 4 weeks. A settlement agreement has now been proposed. The situation is untenable (difference of opinion and not reaching an agreement). My question is can I sign it while retaining unemployment benefits while I am still reported sick, or do I first have to be reported better for a certain period? The employer's notice period is 3 months.

Lawyer

Signing a settlement agreement while you are ill is not wise. So don't do it. Your unemployment benefit may be refused. An employee who has reported that he has recovered and who has also recovered for more than 28 days is no longer considered ill. This recovered employee may then qualify for unemployment benefit by means of a settlement agreement. But as long as you are still ill or better but have not recovered for at least 28 days, do not sign anything.