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Accrued holidays and now employer wants to deduct them due to sick leave

  • 06-07-2011 8:14pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I'm leaving my job this week. I currently have 18 days due to me. I was on certified sick leave in April of this year. Now my employer is trying to deduct those sick leave days from my holiday pay due to me.

    Can they legally do this?


Comments

  • #2
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    No, they can't. Although your annual leave entitlement might be reduced because you didn't work up the days to earn them. Presuming that they're pro-rated, then you'd only be looking at something like a 1.25 days reduction if you were sick for an entire month.

    Remember that sick pay is discretionary, so you're not entitled to be paid while off sick. I'd say they'd find it hard to take the money back off you afterwards though.


  • #3
    Shelflife
    Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    No cant be done. totally illegal to make you take your holidays while you are sick.

    also eoin i think that holiday pay still accrues on sick leave, i also think that if you work a certain number of hours then you will get most if not all of your holiday allowance if you are on sick leave.


  • #4
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    That's long term illness I think, but that doesn't sound relevant for the OP.


  • #5
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    What does your contract say about sick leave?
    Not everyone is entitled to sick leave ya know! If you are not entitled to sick leave you can either take sick unpaid or as annual leave.

    Also, Shelflife, even where sick leave IS paid, annual leave does not usually accrue during sick-leave.


  • #6
    racso1975
    Registered Users, Registered Users 2 Posts: 5,273 ✭✭✭racso1975


    Surely if they were not gonna pay my sick leave this should have been done while i was out sick as opposed to waiting till now. Any sick leave prior to this has been paid in full the employer for all employee's


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  • #7
    amen
    Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    I currently have 18 days due to me.

    Assuming you get the statutory 20 days then as this is July you will only have worked up 10 days holidays this year (1.66 days per month).

    So maybe he is not paying you for the 8 you worked?

    Did you get paid for the entire month that you were off?


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