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Emp Law Q - Regarding Sick days

  • 05-10-2007 8:55am
    #1
    jameshayes
    Registered Users, Registered Users 2 Posts: 3,772 ✭✭✭


    Hi Guys, here’s a hypothetical question for you..



    If an employee (we'll call him Fred) was due for a appointment in hospital - a full day visit.

    He advised his company of this approx 1 week before the appointment. The employer said that Fred must take that day from his annual leave entitlement.

    Fred normally works hours back from visits.

    Should Fred agree to take this from his annual leave or challenge the situation?

    It's not relevant but Fred study’s HR in college but hasn't studied employment law yet


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    This isn't technically a "sick day". Sick leave is absence due to illness - I would be of the opinion that a full-day hospital appointment doesn't count as illness, because it's scheduled.

    An employer is not permitted to allow an employee to take sick leave out of the employee's annual leave entitlement. The employer doesn't have to pay the employee for sick leave, however.

    In this case, I would argue that since Fred has previously arranged the appointment, then he must either take it out of his annual leave, or choose to not get paid for this day's absence - whichever his employer would prefer.


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