Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Contract says sick pay, employer says no

Options
  • 22-08-2011 6:59pm
    #1
    jbrst
    Closed Accounts Posts: 20 ✭


    Asking on behalf of a friend (really :D).

    He's employed on a temp fixed term contract of about 4 months duration. The terms of the contract state that after 3 months service employees are eligible for full pay whilst off sick, up to a maximum number of weeks per year. Just after he hit the 3 month mark he was off for a week - all certified by a GP with notes submitted on time etc - all by the book. His employer is now saying he is not entitled to contractual sick pay but he can submit his cert to Social Welfare to see can he get the illness benefit (not familiar with the exact terminology but it's the sick pay from the social welfare).

    I know company sick pay is a privilege and not a right, but if his contract states he is entitled to it, can his employer refuse to honour it?

    Cheers.


Comments

  • Options
    #2
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    Your friend has a brass neck by the sounds of it.


  • Options
    #3
    jbrst
    Closed Accounts Posts: 20 ✭jbrst


    The virtue of him or his employer isn't really relevant to the issue that I asked for help with tenchi-fan.


  • Options
    #4
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    Sick pay is usually at the discretion of the manager. It usually says so on the contract also the fact that the sick issues just happened post the 3 months I can see how any argument would favour the manager


  • Options
    #5
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    I thought all sick pay beyond a discretionary two days is paid by Social Welfare in any event :confused:


  • Options
    #6
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    jbrst wrote: »
    Asking on behalf of a friend (really :D).

    He's employed on a temp fixed term contract of about 4 months duration. The terms of the contract state that after 3 months service employees are eligible for full pay whilst off sick, up to a maximum number of weeks per year. Just after he hit the 3 month mark he was off for a week - all certified by a GP with notes submitted on time etc - all by the book. His employer is now saying he is not entitled to contractual sick pay but he can submit his cert to Social Welfare to see can he get the illness benefit (not familiar with the exact terminology but it's the sick pay from the social welfare).

    I know company sick pay is a privilege and not a right, but if his contract states he is entitled to it, can his employer refuse to honour it?

    Cheers.

    The four month contract versus a number of weeks per year. Sounds like the contract doesn't apply to him


  • Advertisement
  • Options
    #7
    Mrs OBumble
    Registered Users Posts: 25,669 ✭✭✭✭Mrs OBumble


    Mr. Presentable wrote: »
    I thought all sick pay beyond a discretionary two days is paid by Social Welfare in any event :confused:

    Nope, it totally depends on the employment contract. Some employers will let people be on paid sick leave for weeks, or even months. Others don't offer any paid S/L at all.

    Technically, I think the employer might be breaching the contract. So the employee could approach NERA or a lawyer ... but is it really worth it for one days pay?


  • Options
    #8
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    Mr. Presentable wrote: »
    I thought all sick pay beyond a discretionary two days is paid by Social Welfare in any event :confused:
    Yes by default, unless a contract specifies a different agreement.
    Mr. Presentable wrote: »
    The four month contract versus a number of weeks per year. Sounds like the contract doesn't apply to him

    That sure seems a bit strange. To me, it sounds like they've taken a previously used contract for a longer term and changed the term without thinking properly of the consequences.


  • Options
    #9
    D.McC
    Closed Accounts Posts: 180 ✭✭D.McC


    Mr. Presentable wrote: »
    I thought all sick pay beyond a discretionary two days is paid by Social Welfare in any event :confused:

    The first THREE days of sickness or illness is not covered by the Social Welfare.
    JustMary wrote: »
    Nope, it totally depends on the employment contract. Some employers will let people be on paid sick leave for weeks, or even months. Others don't offer any paid S/L at all.

    Technically, I think the employer might be breaching the contract. So the employee could approach NERA or a lawyer ... but is it really worth it for one days pay?

    It does seem to be the case alright. But I wonder if the employer is thinking 'this guy is taking the pish'.


  • Options
    #10
    Eoin
    Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    Illness benefit is capped and you also need to have worked up a certain amount of credits; so even if you do qualify for it, it's not going to cover your actual lost pay if the company don't offer sick pay.


  • Options
    #11
    Denerick
    Banned (with Prison Access) Posts: 6,488 ✭✭✭Denerick


    tenchi-fan wrote: »
    Your friend has a brass neck by the sounds of it.

    Not helpful and certainly not fair. If you are ill, you are ill (presuming this person wasn't pulling a sickie) Your illness benefits and entitlements are built into your overall salary, you are not only entitled to them you deserve them - you literally worked for them. Some people take a slavish view of their rights; like they are peasants content to eat the scrapings off their master's plates. The gap between CEOs and average workers grows wider every year. Employee's need to stand up for what is rightfully theirs. I have no intention of living the rest of my life a slave to my company, and neither should anyone else.


  • Advertisement
Advertisement