Resigning during illness: risks, rights and alternatives

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 (up to 104 weeks) by your employer, although in the second year this is usually reduced to at least 70% of your salary. If you resign yourself, you will lose this right immediately and you are often not entitled to a Sickness Benefits Act (Ziektewet) or unemployment (WW) benefit either.

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

A frequently asked question: can I resign if I am ill?

The answer is yes, you can. There is no law that prohibits it. Still, it is important to look beyond what is legally possible.

When you resign yourself during illness, you deliberately give up important securities. Think of continued payment of wages, reintegration support and possible benefits. It is precisely these rights that are intended to protect you during a vulnerable period.

That is why the question is often not whether you can resign, but whether it is wise. In most cases, it is better to explore other options first before taking this step.

Resigning yourself during illness: what are the risks?

Resigning yourself during illness sometimes seems like a quick solution, for example when the work situation is stressful or no longer feels suitable. Yet this choice carries major risks.

As soon as you resign yourself during illness, virtually all financial securities lapse. You are no longer entitled to continued payment of wages and usually do not qualify for a benefit either. This can lead to a period without income.

In addition, your employer’s obligation to support you with reintegration also stops. So you are on your own, at a time when you actually need support.

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 a Sickness Benefits Act (Ziektewet) benefit through the UWV. If you resign yourself, this right expires.

This means that you will be left without a salary and without benefits, unless you are already employed by another employer. And even then, there are risks: if you drop out 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 an outplacement programme can help you make the transition to new work safely.

Alternatives to resigning during illness

1. Settlement agreement during illness

Sometimes an employer suggests signing a settlement agreement (vaststellingsovereenkomst/VSO) 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 a benefit. It can only be an option if the arrangements have been drawn up carefully and you have submitted a recovery notification.

2. Second track reintegration

Are you unable to return to your own position, but are you still employable? Then a second track reintegration (re-integratie tweede spoor) programme can offer a way out. Here, your employer, often together with an external coach, looks for suitable work at another organisation. This programme offers prospects without unnecessarily losing your rights or income.

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

3. Career coaching

For employees who notice that the cause of their sick leave lies in workload, a wrong position or a lack of motivation, career coaching can be a good alternative. With personal guidance, you gain insight into your talents, motivations and possibilities, so that you are better prepared to take a new step, without resigning hastily.

Resigning during illness with the prospect of a new job

Have you already found a new job and want to end your current employment? Then you may resign, even during illness. Yet there are points to note here too:

• Take into account the probationary period 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 notification, so that they do not have to pay higher Sickness Benefits Act (Ziektewet) contributions unfairly.
• Make sure that your medical capacity fits the new position well, so that you do not drop out again straight away.

Resigning without a new job: risky

The most risky option is to resign during illness without a concrete prospect of other work. You then lose your income immediately and are not entitled to reintegration support or reassignment by your employer. In addition, you forfeit the chance of a transition payment (transitievergoeding), which you would be entitled to after a termination on the employer’s initiative.

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

Quitting your job during illness: when is it actually considered?

Quitting your job during illness is sometimes considered when someone has been stuck in their work for a long time. For example, in the case of burnout complaints or when it is clear that returning to the current position is not feasible.

Even so, caution remains important. Instead of resigning immediately, it can be wiser to first look at support through reintegration or career coaching. That way you keep your rights and work on a new direction at the same time.

A new job during reintegration: what are the possibilities?

During a reintegration programme, it can happen that you find a new job. A new job during reintegration is allowed in many cases, but must be carefully coordinated with your employer.

It is important that the new position matches your capacity and that you do not exceed your limits too quickly. In addition, arrangements must be recorded properly to prevent problems with benefits or obligations.

In practice, a new job during reintegration can actually be a positive step, provided that it is well supported and fits your recovery and future prospects.

Dismissal after two years of illness

After two years of illness, the ban on termination (opzegverbod) 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 on the employer’s initiative. 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 are you 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 an outplacement programme if you want to make a safe and guided transition.
• Research whether second track reintegration or 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 programme, second track reintegration or career coaching, that help you take a new path in a responsible way.

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