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Change of sick leave policy- how to do it?

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  • 08-09-2015 10:39pm
    #1
    Lekrub
    Closed Accounts Posts: 418 ✭✭


    Hi,

    Rhetorical question. If I'm a business owner and want to change my paid sick leave policy to unpaid sick leave. Whats is the best way of doing this? Does a new contract have to be signed if all staff are aware this is now the case.

    Can a employer change paid sick leave to unpaid sick leave, by way of notification to full time employees?


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    #2
    Eoin
    Registered Users Posts: 21,242 ✭✭✭✭Eoin


    According to this page, it must be done by agreement.
    Contractual terms and work practices
    Legally there is a distinction between the terms in your contract of employment and work practices.

    Contractual terms include pay, hours of work, sick pay and pension scheme. All of your contractual terms may not be in the written statement of your terms and conditions of employment. Some of your contractual terms could be in your staff handbook, a pension scheme booklet or a collective agreement. You can read more about contractual terms in our document on contract of employment. Changes to these terms must be agreed between you and your employer.

    Work practices can include breaks and rostering, for example. Details of these may also be in your staff handbook and your employer may change these work practices without your consent. It is considered reasonable for an employer to update work practices or processes to save money or increase efficiency.

    I don't know if a new contract needs to be signed upon the agreement, I've just had to sign a one page document in the past where there agreed changes to my contract. Not legal advice etc etc.


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    #3
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,271 CMod ✭✭✭✭Nody


    As noted by Eoin you'd really want legal advice (500 EUR now may save you 50k EUR in a lawsuit down the line) and if I was you I'd want it in writing for that reason as well even if it's only a contractual amendment rather than signing the full contract.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,765 ✭✭✭✭Mrs OBumble


    Is the paid provision in people's contracts, or just your policy docs?

    How much staff turnover do you have, could you do it gradually over a couple of years as you make new hires?

    Could you implement (or change) the cap, eg from 5 days paid to 3 days paid this year, and review again next year.

    Could you just require a doctor's cert for all sick leave? (Beware that this can backfire, as people get signed out for a whole week, rather than just taking the 2-3 days they really need - but it depends on what problem you're trying to solve with the policy change).


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