What should I do if I resign during illness?

Questioner

Unfortunately, I am currently on sick leave due to work-related problems. I am applying for jobs. What if I find a new job now? I have a notice period of 1 month. Suppose I quit my job in mid-July. Can I hold my employer to the notice period (i.e. until 1 September)? Can he force me to go to work, despite my sick leave? Can he cancel my already promised vacation days in August?

Lawyer

If you are ill and therefore incapacitated for work, you cannot work. This is different if the company doctor were to determine that you are not incapacitated for work. The employer cannot force you to go to work during illness. If you were to terminate your employment contract, you must observe the agreed notice period and the day by which you can terminate. Otherwise, you may be liable for damages. Granted vacation days cannot be reversed because you give notice, for example. That would not be a valid reason for the employer. If you were still ill at the time of entering into employment with the new employer, and you did not report this to the new employer, while you were later to become incapacitated for the same reason, you could possibly be acting in violation of good employer practice. Whether this is the case depends on the nature of the illness and the position. However, you never have to report exactly what you have to an employer, but you do have to report it to the company doctor, if applicable.

Lawyer

You do run a certain risk if you resign during illness. Namely if the new job unexpectedly does not go through or something like that. You may then not be able to fall back on benefits.