Hello,
Our friend, and fellow teacher, has been diagnosed with stage 3 breast cancer in the last few days. To provide some context… She is currently on maternity leave. In May she decided she would not return to her role and handed in her notice. She is therefore currently in her notice period and will be employed by her school until 31st August. She is a long term employee with many years of continuous service.
We would be really grateful if anyone is able to share any advice about what her rights are in this situation and who we may be able to contact for further information. Is she entitled to any sick pay? Is there any option to extend her notice period or defer her last date of employment?
With her blessing, we are trying to do some practical research about her rights and look into what support options may be available for her.
Thank you in advance for your help. Xx
Hello, if her notice has been accepted, it would be upto her employer if they wished to recind it. I don’t think they are under any obligation to do so. If her statutory maternity leave period is over, she may be entitled to sick pay. She probably needs to ring HR where she is employed and have a discussion. Maybe meeting with them and a supporter would be helpful. Best wishes
Hello
So nice to hear of colleagues being so supportive - not everyone has so many people wanting to help them.
I work in the NHS and some years ago we had a Nurse who went on long term sick and handed in her notice - but then rescinded it herself even though she was still off sick and no longer receiving pay . I think the reason she did this is because it tends to be easier to get a job when you’re already in employment . Any way your colleague could as far as I understand it rescind her notice herself but would have to be open to coming back to work at the school I think. Having cancer and cancer treatments means that she would fall under the Disabilities Act and would be entitled to reasonable adjustments / phased return. MacMillan can give help and advice about employment law in relation to cancer and also about the benefit system . Your colleague may be able to claim PIP for example . If she is in a Union they may also be able to help .
As far as I understand it ( though I’m not sure ) Maternity pay is separate from sick pay so I don’t see why she should not be able to get sick pay and it may be worth her rescinding her resignation in order to claim it . Someone in payroll / HR may be able to advise and calculate how many sick days she has taken in the last year and how much sick pay at full and half pay she is entitled to.
I’m surprised that she resigned whilst on Maternity leave as I thought that if you did not return to work for 3 months after the end of the leave that you would have to repay some of it - unless that has changed .
It sounds like a very difficult situation and I feel for her having been diagnosed with cancer just after having a baby.
Hi, I am a retired teacher. I suggest that your friend contact her union straight away and explain everything They should certainly be able to help her and give her the correct advice regarding all the questions you are asking. How lucky your friend is to have all your help. I hope all goes well for her.
Sunshine21
Thank you for your reply. We will try to discuss sick pay options with HR. Xx
Thank you for your reply and well wishes. She left her union fairly recently, but we will try and look into this. We have tried contacting ours for general advice, too. Xx
Thank you very much for your reply, lots of ideas for us to find out more about. MacMillan have been a great source of information all round. We will try to find out more about rescinding notice and if this is an option. Xx
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Hope all goes well for your friend.
Sunshine21
Yes I hope you are able to help her - I’m sorry for her situation but I’m glad she has good friends x