Injured in work, out sick over holidays, what is the law on such matters?

sbsquarepants

Can someone clear up a little question for me please.
I had a minor work accident a while back and was out injured for 4 weeks as a result, 2 of these weeks coincided with our annual leave, 1 week before and 1 week after. Now, as I was back and forth to hospital and doctors for pretty much the whole time, I'm not inclined to view this as any sort of holiday, plus the accident actually happened in work not on my own time, if I'd done it at home I'd probably view it differently.
I'm now looking to book a holiday away somewhere and I just want to know where I stand legally in case of any argument from my job.
There is no issue with them thinking I was faking or just looking for extra time off or anything like that it was a plainly visible injury.

Slunk

I know in my place I can't go from sick straight into holidays. My holidays will be classed as sick and I can take those days at a later stage. Unless I bring a fit to return cert the day previous to my holidays I will be classed as sick.

davo10

sbsquarepants wrote: »

Can someone clear up a little question for me please.
I had a minor work accident a while back and was out injured for 4 weeks as a result, 2 of these weeks coincided with our annual leave, 1 week before and 1 week after. Now, as I was back and forth to hospital and doctors for pretty much the whole time, I'm not inclined to view this as any sort of holiday, plus the accident actually happened in work not on my own time, if I'd done it at home I'd probably view it differently.
I'm now looking to book a holiday away somewhere and I just want to know where I stand legally in case of any argument from my job.
There is no issue with them thinking I was faking or just looking for extra time off or anything like that it was a plainly visible injury.

Were you certified sick through out all this period and did you give certificates to your employer as per the terms of your contract (weekly/fortnightly). Also were you paid during this period? If yes and your company does not pay during sick leave, you may have to hand back the money or take the holiday time unpaid enlieu of the wages paid while you were sick.

sbsquarepants

Yes, it's all certified and above board. I don't actually envisage there being any real problem bar maybe a tut tut you're chancing your arm attitude that I honestly couldn't care less about, but just on the off chance (you never really know until you do it) I want to know if I'd be within my rights to force the issue and say, look the law says I'm entitled - end of.

Sorry, I only half answered you, yes I was paid, but I'm on salary I would be paid regardless.

Mrs OBumble

sbsquarepants wrote: »

Sorry, I only half answered you, yes I was paid, but I'm on salary I would be paid regardless.

Ahh, not necessarily.

I'm on salary, too. I can take up to 5 days of paid leave per year, after that I'd have to take unpaid leave if I couldn't work by reason of sickness.

Question: have you consulted a lawyer about the accident? IMHO you should have.

sbsquarepants

No, haven't consulted anyone, I don't intend to claim or anything like that. I just want my 2 weeks in the sun! I can't imagine there being any big row about it, I just want to be prepared for the worst, just in case.
I wasn't sick as such, I was out injured, it was an accident nothing neglectful or dangerous to blame the job, or nothing stupid or risky on my part, just one of those things. But the fact remains I wouldn't have been there only at their behest.
It's standard practice for my job to pay anyone who is out "sick" after a work accident. For salary staff it's also standard practice to be paid in full regardless of the reason for any absence. At any other time of year I'd have missed a month, been paid and still have my holidays to come.

sparkling sea

From Citizens Information website, hope this helps

Accident or injury at work

If you have an accident at work and you are not entitled to sick pay, you can apply for Injury Benefit. This is a weekly payment from the Department of Social Protection if you are unfit for work due to an accident at work or an occupational disease. Under the Medical Care Scheme you can claim certain medical costs that are not paid by the Health Service Executive (HSE) or covered by Treatment Benefit Scheme. You can find out more about these payments in our document on the Occupational Injuries Benefit Scheme.

If you are entitled to sick pay, your employer will probably require you to sign over any Injury Benefit payment from the Department of Social Protection to your employer for as long as the sick pay continues.

If you have suffered an injury at work, you can seek compensation from your employer by making a personal injury claim through InjuriesBoard.ie. You can read more about this in our document on health and safety in the workplace.
Sick leave during public holidays.

If you are a full time worker who is on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed. If you are a part-time worker on sick leave during a public holiday, you would be entitled to time off work for the public holiday provided you worked for your employer at least 40 hours in the previous 5-week period.

However, you are not entitled to the public holiday if you are absent from work immediately before the public holiday and you have been off work for more than 26 weeks due to an ordinary illness or accident, or for more than 52 weeks due to an occupational accident.
Sick leave and annual leave

If you are ill during your annual leave and have a medical certificate for the days you were ill, these sick days will not be counted as annual leave days. Instead, you can use these days as annual leave at a later date.

An employer cannot require you to take annual leave for a certified period of illness. However, illness during the leave year will reduce the total number of hours worked by you and may therefore affect your entitlement to annual leave under the Organisation of Working Time Act.

Nody

Any certified sick days during annual leave should be refunded to your holiday pool; page 10.

sbsquarepants

That's great folks (and also exactly what I was hoping to hear!:D)

Thank you all for your help.