My job is toxic, but I’m close to long service leave. Should I stick it out?

Each week, Dr Kirstin Ferguson tackles questions on workplace, career and leadership in her advice column, “Got a Minute?” This week: holding out for long-service leave, intrusive co-workers and resigning days before a redundancy round.

There are not too many benefits for staying in a workplace that is toxic and stressful.Credit: Dionne Gain

I am a senior female working in a large organisation. In a few months, I will hit 10 years service and be eligible for long service leave. Unfortunately, the corporate culture has become toxic and extremely stressful. What are the benefits to sticking it out until I hit the 10-year mark, and what do I lose if I don’t?

There are not too many benefits for staying in a workplace that is toxic and stressful, but you are also right to think about the financial consequences of leaving. Generally speaking, you qualify for your full entitlement to long service leave after 10 years service. If you leave early, any entitlements depend on the state you are in. In NSW, you can only get a pro-rata amount of leave if you leave due to ill health, incapacity, or some other pressing reason. Most Victorian workers qualify for long service leave if they have worked continuously with one employer for at least 7 years.

If you can manage, hang on a few more months until you reach the 10-year mark, so you can get your full entitlement, which is usually about two months paid leave. You can use that to take a well-earned holiday, and from the sounds of it, also look for a new job. Meanwhile, if things become unbearable you can always raise concerns with your employer, or see a doctor or EAP service to help you manage your stress. Ultimately, your mental health and wellbeing is the most important thing, but if you can also take a few months paid leave on the way out the door, grab it with both hands.

I recently had two days off with an illness of a very personal nature. When I came back, I gave my boss a doctor’s certificate, which confirmed I had been “medically unfit” for work. I have had my HR manager, direct manager and various other people in the office continually ask questions regarding what was wrong with me. I said I had a bad cold to which my boss said, ‘Well you don’t look sick’. I feel they are pressing me for the details, and I am mindful absolutely nothing is kept confidential in this workplace. If I am medically cleared to return to work, are they allowed to keep asking me for information? It feels so inappropriate.

No, they are not allowed to keep asking you for information. Unless your illness will affect your ability to do your job, in which case you do need to inform your employer, they have no right to know any details. A medical certificate is sufficient. I agree with you; your boss’s comment was inappropriate, and out of line. A word of caution: I would avoid being untruthful, if you can, since it is likely to just cause people to ask more questions. If you continue to be asked, tell your boss or HR you don’t think it is OK for them to treat anyone’s reasons for medical leave a topic of office gossip and ask they respect your privacy.

The week after I resigned, a restructure happened at my workplace and redundancies are now available. Am I able to rescind my resignation to be eligible for a redundancy package? And if I am, will I be able to receive the redundancy package within my four-week notice period? I know they often take ages.

You can definitely try and swap your resignation into a redundancy, but if there are plenty of people wanting to take the package, you probably won’t have much luck. Your resignation was likely seen as a positive by your employer, as it helped them reduce headcount without the extra cost of a redundancy package.

I think the only way this will work is if you are honest with your employer. Let them know you are really disappointed to have missed out on the opportunity to receive a redundancy just days after you resigned. Acknowledge this is bad timing but reinforce you have been a loyal employee and would highly value their financial support as you transition from the business. You never know, it may just work. In terms of whether you will receive payment within a month, it will depend on how quickly your employer is prepared to process your redundancy. I wouldn’t push your luck though – try and get a redundancy to begin with and then worry about the payment period. Good luck.

To submit a question about work, careers or leadership, visit kirstinferguson.com/ask (you will not be asked to provide your name or any identifying information. Letters may be edited).

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