Sick days coming out of holidays ???!

SystemError

Went to check how many days I had left to take off over the Christmas period. I've had 1 and a half days off sick since I started this job 10 months ago and theyve taken it out of my holidays. I asked do sick days come out of my holidays and was told "for new people it does". I intend to speak to the boss about it but before I do I just wanted to know can they do this ??

jdivision

SystemError wrote:

Went to check how many days I had left to take off over the Christmas period. I've had 1 and a half days off sick since I started this job 10 months ago and theyve taken it out of my holidays. I asked do sick days come out of my holidays and was told "for new people it does". I intend to speak to the boss about it but before I do I just wanted to know can they do this ??

I've heard of it happening alright, particularly in people's first year

HelterSkelter

I'm 99% certain that is against the law. They can refuse to pay you but can't take sick days off your holidays.

Have a read of this:
http://www.oasis.gov.ie/employment/holidays_and_leave/sick_leave.html?search=work+sick+days

lazygit

In general an employee has no right under employment law in Ireland to be paid while on 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 must provide an employee with a written statement of terms of employment within two months of the commencement of the 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


from http://www.oasis.gov.ie/employment/holidays_and_leave/sick_leave.html

lazygit

lol

seamus

This is 100% against the law. Your employer cannot take sick days out of your annual leave under any circumstances.

In fact, if you fall ill while on annual leave, your employer must give you those days back.

Your employer however does not have to pay you for days you are out sick.

giddyup

This sounds wrong to me: Check http://www.oasis.gov.ie/employment/holidays_and_leave/sick_leave.html.

An employer doesnt have to pay you for sick days but they cant take days off your holidays - unless they paid you for the sick day at the time you were off and didn't mean to or couldnt change the payroll and this is how they are getting that money back. Either way they should have given you a written 'terms of employment' documnet to explain their policy.

So q's for your boss are:
Were you paid for the sick days?
Do the company have a policy for paying for sick days?
If you werent paid for the sick days then they definitely cant take holidays off you.

SystemError

giddyup wrote:

So q's for your boss are:
Were you paid for the sick days?
Do the company have a policy for paying for sick days?
If you werent paid for the sick days then they definitely cant take holidays off you.

I was definitely paid for my sick days. I check my payslips. Not sure what the policy is, but only because I never signed a contract (so I dont want to make a fuss over a day & a half unless I can back myself up). Either way surely even if Im paid for it they shouldnt be able to deduct it from my hols.
Thanks guys

Karoma

Moved from AH to Work & Jobs forum. How odd. ¬_¬

BC

As others have said they cannot take sick leave out of your annual leave however they can refuse to pay you for your sick leave. This is quite common when people are on probation.

You are entitled to be notified about the companies policy on sick leave within 2 months of starting the job.

jor el

SystemError wrote:

I was definitely paid for my sick days. I check my payslips.

Check does it say Holiday on the payslip, for the day and a half you were off. If it doesn't then they paid you as normal for the sick time and can't just take the holiday days from you. If you want to take it any further you'd probably be better off talking with a solicitor.

giddyup

Dont think anybody is going to a solicitor over 1.5 days. If you got paid for the sick days you are into a kind of negotiation scenario. Ask them firstly what the policy is. If they say they dont pay sick days then insist on your holidays back and tell them to deduct the sick pay you did get from your salary. (That is if you really want the holidays over the money). If they do pay sick days then just insist on getting the holidays back.

They should not have taken holidays without letting you know what was happening but if their policy is not paying the sick days then you are in a '6 of one, half a dozen of the other' scenario. Either way, you owe them money or they owe you holidays so just talk it out knowing what your correct entitlements are. Yes, the fact that they just took holidays is bad but in the scheme of things not worth creating a ****storm over.

Hoe that helps.