Question about notice and annual leave/sick leave

take everything

Hi
I'm currently on sick leave from work due to stress. It's the first time I've ever availed of this and I intend to leave the job shortly. The sooner I can leave the better.

Someone might be able to answer a few questions for me:

1.
I have given notice of resignation while on sick leave. What is the minimum notice I need to give if it's not specified in my contract. I understand this to be 1 week if it's not specified in the contract. But what does "not specified” mean. My contract says "the employment may be terminated by notice in accordance with the Minimum Notice and Terms of Employment Act 1973-2001”. This act refers to 1 week minimum notice so is this what is required.

2.
I have outstanding annual leave of about a week left. Can I use this as part of my notice. And can i do this even if I am on sick leave now.

3.
I am still getting emails from a colleague in charge of a roster that I need to arrange my own swaps on the roster during sick leave. Despite telling HR and the roster colleague that i am on sick leave. Does this sound normal. Should this be done by management/this colleague in charge of the roster while I am on sick leave.

4.
My line manager has emailed me a referral she is making to Occupational Health about my situation. If I am resigning within a month and not returning to work because of the stress, is this referral appropriate. Do I need to comply with this or can I say I am making my own arrangements (which I am).
Also, do I have to accept what she has put down on the referral form. I don't agree with it as the issue causing the stress stems a lot from her. I can detail incidents if necessary and I have gotten on OK with previous line managers. She is making out that I have a problem on the form.

5.
References:
I have worked in this job for about 4.5 years and the last 6 months were largely the problem. I asked if it would be possible to get an overall reference for the 4.5 years but I was told it would only be for the last 6 mths. I know this will be an unflattering reference so it seems unfair that the previous 3-4 yrs of good work will be ignored. During that time I did more than expected of me (eg covering for supervisors' 3mth and 6mth absences etc). And not getting paid properly/still being owed mileage expenses (constantly into accounts about it). So to me that seems desperately unfair.
Any way around this.

I want to get out of there as quick as possible tbh with some kind of reference and get on with my life again.

Any advice much appreciated.

livedadream

[font=Open Sans, Arial, Helvetica, sans-serif]1: give them a week, you are out sick so it doesnt matter. If you were attending every day I would recommend 1 month but your not so feck it.[/font]
[font=Open Sans, Arial, Helvetica, sans-serif]2: yes if you want too, but you dont have too, you are too ill to attend work, so technically shouldn't be using your annual leave to cover it. look at it as you will get a nice chuck of pay after you leave.[/font]
[font=Open Sans, Arial, Helvetica, sans-serif]3: Yes if you are off work sick (although you havnt mentioned being signed off by a GP so im not sure) you should not be being contacted by your employer, start ignoring the emails.[/font]
4: sometimes its better to go to the OCC health nurse, you can have a chat, knowing you are leaving and let her know whats going on, it will help you get a load off, its confidential and free, why not? you might be able to get some good advise from her as well as to how to deal with the stress or ways to combat it in a new role. you dont have to go, but if your leaving why not, 
5: it is, but unfortunately that's life,   did you ask the same manager who causing the stress you for the reference? maybe ask someone else or someone higher up? or at least look for a record of employment, a letter saying I Hr Manager wish to confirm 'TakeAnything' worker here between date and date.

Explain to someone other than the twat who is emailing you and the person who stressed you out that your position has become untenable due to the behavior or this manager, that the way it was dealt with was appalling and that you would like confirmation of employment so you can both (you and the company) move on without any negative impact.

if the person your talking to has half a brain they will figure out that the negative impact wont just be on you...

Xterminator

hi op

1. you need to give the same notice period as your pay schedule. IE if paid monthly, you give 1 months notice.

2. you can ask but as for all holidays they can approve or decline. typically if they don't allow you to use your hols, you would expect to be paid up for the extra week.

3. seems strange - does your employer have a staff handbook? may be worth checking the sick leave policy.

4. while you are employed you should comply with reasonable requests. you can chat with your manager once notice is handed in and see if it is still required.

5. summary of law around this.

There is no absolute obligation to give a reference. Nor is there an obligation, where one is given, that it be full and comprehensive. But what is provided must be accurate and fair, and must not mislead. And the provider of the reference has a duty of care to the employee and the prospective employer who will rely on it.

Nody

Xterminator wrote: »

hi op

1. you need to give the same notice period as your pay schedule. IE if paid monthly, you give 1 months notice.

This is completely wrong and has no law backing it up; the duration of notice is driven by the duration of employment or contractual agreement only.