Resignation/Sick Leave

by NurseSarahJP (New) New

I am starting a new job on 9/28, but I haven't put in a notice with my current employer yet. I am having surgery this upcoming Friday (9/11) and am supposed to be out on sick leave for two weeks. I don't want to be a jerk and burn my bridges here, but I hate to not tell them before I go out on sick leave. I also don't want to have them take back the sick leave and not let me have it. Our sick leave is separate from our vacation time, so I'm not entitled to it when I leave (trust me, I've looked into it).



Specializes in ER, Med-surg. 454 Posts

In the long run, having a positive recommendation or at a minimum, retaining an "eligible for rehire" status at this employer is probably worth more than two weeks salary (considering how many job opportunities could be affected by a negative response). I'd give the notice when you go out on sick leave, when you would have been giving it anyway. To take it away, they'd have to terminate you, and that's probably more HR effort and risk than they'd want to expend to save paying two weeks' salary.

Good luck with your surgery.

jadelpn, LPN, EMT-B

51 Articles; 4,800 Posts

I am assuming that you have gotten a signed offer letter, and have signed acceptance of the position? Then I would say that your last day will be when you leave for your sick leave.

If you did not give a month's notice (provided that your facility requires a month's notice) you would be ineligible for re-hire at that point anyways in some facilities.

Depending on what type of surgery you are having, they really would have no idea if you would be right back to work or not. Or on light duty, or short term disability--so I am not sure they could staff you with confidence this month anyways. And "take back" the sick leave--I am not sure the policy regarding that--but there are laws regarding vacation time and pay outs. You may have to cut your losses and just take your earned vacation pay and go.

iluvivt, BSN, RN

Specializes in Infusion Nursing, Home Health Infusion. Has 32 years experience. 2,773 Posts

You have to still be employed to collect sick leave and I would not want to risk that. Why can't you just go out on sick leave then on 09/13 notify them that you will are giving notice effective whatever date you tell them. That way the sick leave will already be initiated. That is if I am understanding the situation correctly.


8 Posts

Thanks everyone. I was thinking of doing the notice on the 9/13, the Monday of my sick leave. It's a simple tonsillectomy. Yes, I do have a signed letter for the upcoming job, have already gone through all of the HR stuff to finalize everything. I wanted to make sure everything was a go before I jumped ship! And per our employee handbook, only two weeks notice is required at my level of employment.

Thank you for your replies. I really appreciate it.


8 Posts

Thank you again! I gave my notice earlier this week. They did deny my sick time. I have filed a short term disability claim, though I'm not sure that'll work either as I've given my notice. I'm going to try to return to work to finish out my notice period on 9/21, but we'll see how my recovery goes. My surgery went well, just trying to stay on top of the pain control.

Thanks again!

iluvivt, BSN, RN

Specializes in Infusion Nursing, Home Health Infusion. Has 32 years experience. 2,773 Posts

Since they denied your sick leave I bet they already stopped your employment and took you off the books.I was hoping you could avoid this and if they did this you may not be able to collect disability either since you may need to be employed. In Ca you do but I am being vague since I am not sure what state you are in. If they did this its pretty low since you earned the sick leave and they are just trying to save a few bucks!

iluvivt, BSN, RN

Specializes in Infusion Nursing, Home Health Infusion. Has 32 years experience. 2,773 Posts

How can they deny your sick leave if you are still employed please check into that it does not sound correct,unless they terminated your employment already!

Jolie, BSN

Specializes in Maternal - Child Health. Has 36 years experience. 6,375 Posts

Sick leave is intended to allow an employee time to heal from an injury or illness and then return to work without a significant disruption in income.

In most instances, an employee must return to work for a designated period of time after sick leave. If the OP's timeframe did not allow for a sufficiently long return to work following her surgery, then it is unlikely that she is eligible to be compensated for the sick time off.

Taking sick time at the end of a period of employment without returning to a committed position is typically not covered. If it was, we would all be sick for the last 2 weeks of our jobs.


8 Posts

Yup. While I had FMLA in effect for this surgery, I put in my two week notice. In our employee handbook, it does clearly state that employees who resign cannot use designated sick time during their two week notice period. Our sick time is separate from our vacation time. I was hoping that since my intention was to come back to work before my notice was up, that they would make it a case by case basis and give me the sick time. Oh well.

Hopefully I'll get short time approved, even though I've put in my notice. I've been paying into it...


11 Posts

Hi NurseSarahJP, I am just curious what has happened. I am currently out of my job on STD, however, I do not want to return after Feb 26th (as I have a new job lined up that physician has said is a good idea and better for me at this time). Technically I have to give my 2 weeks notice today, but I am stressed that they will then terminate me as of today and I cannot have that happen. Trying to find guidance on this but it has been difficult. I am wondering if the hospital can legally terminate me when I give two weeks notice while currently out on STD. I know I have the option of not giving 2 weeks notice and just quitting on the 26th - but then I get put on the "will not rehire" which could be bad in the future. I have been a great employee for this hospital up until now when I had to go out on STD, under some very unfortunate and terrible series of events.