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doctor's certificate for even a single absence day?

  • 16-06-2006 08:15AM
    #1
    vimak
    Closed Accounts Posts: 34 ✭


    Hello,

    is it legal to demand a doctor's certificate even for a one days sickness? I just got e-mail from my recruiting company that if I would have sick day just after/before holiday I would need to provide them with a doctor's ceritificate? Is this legal?


Comments

  • #2
    leeroybrown
    Closed Accounts Posts: 7,562 ✭✭✭leeroybrown


    The law in this area in Ireland isn't particularly defined. The standard 'three days' thing is merely a matter of convention and an employer can define whatever terms it wants so long as they notify you of them as part of your T&C of employment. Some employers even refuse to allow sick days after public holidays and some other events.

    Interestingly, if you were ill during your annual leave and have a cert to prove this then your employer is legally obliged to cover this as part of their sick pay scheme and not use your annual leave.


  • #3
    Downtime
    Registered Users, Registered Users 2 Posts: 1,534 ✭✭✭Downtime


    In general there is no existing employment law in Ireland on the issue of sick pay or sick leave. Consequently, it is at the discretion of the employer to decide his/her own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment.

    Under Section 3 of the Terms of Employment Act 1994 and 2001 an employer is obliged to provide an employee with a written statement of terms of employment within two months of the commencement of employment. One of the terms referred to in this Act on which the employer must provide information is the terms or conditions relating to incapacity for work due to sickness or injury.


    Where there is an entitlement to sick pay, your employer will probably require you to sign over any Disability Benefit payment from the Department of Social and Family Affairs to the employer for as long as the sick pay continues.

    Often, your contract of employment will place a maximum period of sick pay entitlement in a stated period, for example, one month's sick pay in any 12 month period. Clear rules should be in place by the employer where an employee is sick and is unavailable for work. For example, it should be clear that if you are sick and unavailable for work, you must contact a specified person by a certain time.

    There is also usually a requirement for employees to provide a medical certificate (from your GP or family doctor) stating the nature of your illness and the date you are likely to return to work if you are out sick for more than three consecutive dates. If you are likely to be out sick for a longer period, your employer may require you provide weekly medical certificates.

    My employer demands a sick cert if sick on a Friday or a Monday but otherwise its two days.


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