Can I resign if I am sick?

Questioner

I am currently still working in a company where I want to leave as soon as possible, every day I doubt whether to report sick with burnout complaints or to 'hold on a little longer'. The new job with more peace and regularity is imminent, the contract is coming. What are the possibilities to report sick to the current employer and to submit resignation during illness, knowing that the new job is done? Does it cause a problem if you leave sick or is there a way to prove that it is for a short period since it is due to the circumstances at the current employer and I am therefore leaving here.

Lawyer

First of all, I can imagine that it is very difficult to have to dread work every day and to wonder if you can still do it that day. Being ill is not only the moment that you can no longer cope with work completely. If you are ill, you are ill, whether or not there is a new job in sight. It is possible that your employer will investigate whether you are actually ill. An occupational health and safety/company doctor can also take (psychological) circumstances into account in an assessment. In principle, you can decide for yourself when you resign. This can also be done during illness. The dismissal ban applies to your employer, you may not be dismissed during (determined) illness. Often this is not wise because there is a big chance that you will not receive sickness benefit or unemployment benefit. But in case you know for sure that you have/will get a new job the risks are smaller. Please feel free to contact me through my profile if you have any questions.