Resigning during illness: what are your rights and pitfalls?

Being ill and thinking about dismissal at the same time: it's a stressful combination for many employees. Nevertheless, the question often comes up: can you resign during illness? The short answer is yes, but whether it's wise depends on your situation. In this article, we explain the consequences, what alternatives there are and how to avoid losing important rights or benefits.

Resigning during illness: is that allowed?

As an employee, you can resign at any time, even if you are ill. Legally, nothing stands in the way. You just have to take into account the notice period in your contract.

However, this does not mean that resigning during illness is a wise choice. Indeed, in the case of permanent employment, you are entitled to: two years of continued payment of wages by your employer. If you resign yourself, you will lose this right immediately and you are often not entitled to a Sickness benefit or unemployment benefit.

That's why employment lawyers usually advise against resigning yourself during illness, unless you have already found a new job and are able to work fully.

Income and benefit consequences

When you are ill, you are normally entitled to continued payment of wages by your employer or — in the case of a temporary contract — to Sickness Benefits through the UWV. If you resign yourself, this right expires.

This means that you will be without a salary and without benefits, unless you are already employed by another employer. And even then, there are risks: if you fail again during your probationary period due to illness, your new employer may terminate your contract immediately.

For employees who are thinking about dismissal during illness, it is therefore often smarter to first investigate whether a outplacement process can help you make the safe transition to new work.

Alternatives to resigning during illness

1. Settlement agreement during illness

Sometimes an employer suggests signing a settlement agreement together. This may seem appealing, but during illness, this is usually not a good idea. This is because you run the risk of losing your right to benefits. This can only be an option if the agreements have been carefully drawn up and you have been reported recovered.

2. Second track reintegration

Are you unable to return to your own position, but are you still employable? Then a second track reintegration offer a solution. Here, your employer - often together with an external coach - looks for suitable work with another organization. This process offers perspective without losing your rights or income unnecessarily.

Want to know more about the structure and steps of this process? So read: track 2 route.

3. Career coaching

For employees who notice that the cause of their illness lies in workload, a wrong position or a lack of motivation, career coaching be a good alternative. With personal guidance, you gain insight into your talents, motives and opportunities, making you better prepared to take a new step — without having to resign hastily.

Resignating during illness with the prospect of a new job

Have you already found a new job and want to terminate your current employment? Then you can resign, even during illness. However, there are also points of interest here:

• Take into account the probation in your new job. If you become ill during that period, your new employer may terminate the contract immediately.
• Ask your former employer for a recovery message, so that he does not have to unfairly pay higher contributions for the Sickness Act.
• Make sure that your medical capacity fits well with the new position, so that you do not drop out immediately.

Resigning without a new job: risky

The most risky thing is to resign during illness without a concrete prospect of other work. You will then lose your income immediately and are not entitled to reintegration assistance or relocation by your employer. In addition, you are losing the chance of receiving a transition payment, which you would be entitled to after termination at the initiative of the employer.

In short: this scenario often leads to financial uncertainty and long-term problems.

Dismissal after two years of illness

After two years of illness, the ban on termination expires. Your employer can then - provided that recovery is no longer expected - apply for dismissal from the UWV. This is often accompanied by a transition payment.

However, this dismissal takes place at the initiative of the employer. As an employee, it is seldom wise to resign yourself before that time. After all, you would lose a large part of your rights.

What's the best thing you can do?

Do you feel trapped in your current situation and thinking about resigning during illness? Then it is important to carefully weigh the options:

• Consult a lawyer or trade union before you sign anything.
• Consider a outplacement process if you want to make a safe and guided transfer.
• Research or second track reintegration whether career coaching can help you find a new direction.

Conclusion

Resigning during illness is allowed, but rarely wise. You run the risk of losing income and often lose important rights. Fortunately, there are alternatives, such as an outplacement process, second track reintegration or career coaching, that help you to take a new path in a responsible way.

Do you want to know what's best in your situation? Find out more about the options via our overview of outplacement processes and take the first step towards a future with more certainty and perspective.

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