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Can Jim take sick leave if he's on his notice period?

by , 15 April 2014
Every business owner has been there. Jim resigns and then all of a sudden he's off for a week with 'flu'. But is Jim legally entitled to take paid sick leave in his notice period? Continue reading to find ...


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You can't prevent your employees from taking sick leave during notice periods

The reality is that if an employee falls ill while serving notice, he's entitled to paid sick leave. You can't force your employee to extend the notice period because he's off sick.

If you believe he wasn't genuinely ill, you must investigate.

If you can prove your employee has fraudulently taken sick leave, for example, faked a medical certificate, discipline him. And the good thing in this instance is that you'll be within your rights to refuse to pay him for the days he was off.

Checkout this article (Here's what to do when you find out your employee's medical certificate is a fake), for more info on what you must do to deal with fake medical certificates.)


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There you have it. Employees are entitled to take sick leave owing to them in their notice period. Make sure you comply with this requirement to avoid labour disputes.

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