am I entitled to pay when off sick?

stop animal cruelty · 20-10-2015 2:37pm #1

Sat Eve I got terrible food poisoning from work. Could not go to work the next day. Boss text me asking is it OK to put down my day off as a Holiday.... I said no as I was pretty sick and it didn't seem right. He texted back saying he was only trying to help that I would get paid for that day off I did take it as a holiday.

I went to my doc yesterday she gave me a sick cert for 3 days....so I'm back to work tomorrow.....

Can someone clarify if there's such a thing as 3 paid sick days or am I just imaging it? I know iv heard somethibg bout this before....It just seems unfair my boss wants to use my hols (which I have not taken yet as we are so busy and they rely on me to cover anyone else on hols) to make up for sick days? I'm surely entitled to something when I'm off work due to sickness (which I also picked up on their premises)

Thanks

thebiglad · 20-10-2015 2:38pm

It will totally depend on your individual Contract of Employment.

toadfly · 20-10-2015 2:48pm

Depends on your contract and policies in place.

The statutory entitlement doesnt kick in until you are off 6 days (used to be 3 days so maybe thats where you are getting the 3 day reference from)

20-10-2015 2:58pm

You're not entitled to sick pay unless otherwise stated in your contract.
You are entitled to Illness Benefit, but that only kicks in after 6 days.
Your employer can not force you to take unpaid sick leave as annual leave instead, but if you don't take it as annual leave, and you don't have paid sick leave in your contract, you won't be paid

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/sick_leave.html

stop animal cruelty · 20-10-2015 3:53pm

Thanks a mil....got it Crystal clear!

john the one · 20-10-2015 3:55pm

Hang on, you got food poisoning from work? I think that changes everything

Del2005 · 20-10-2015 3:59pm

john the one wrote: »

Hang on, you got food poisoning from work? I think that changes everything

Doesn't matter for being absent what caused the absence.

Food hygiene might be interested if the food was supplied by work but most companies use caterers so they would be liable.

mickdw · 20-10-2015 4:01pm

If work caused the absence, surely the least the worker would be entitled to would be pay for the days missed.

john the one · 20-10-2015 4:03pm

Del2005 wrote: »

Doesn't matter for being absent what caused the absence.

Food hygiene might be interested if the food was supplied by work but most companies use caterers so they would be liable.

Not so sure about that but I'm not a professional on the matter but if I break a leg in work, surely I'm entitled to be paid by the company for sick absence as it was on company time doing company work.

I'm assuming the food poisoning was from a staff canteen dinner or something.

thebiglad · 20-10-2015 4:09pm

It is often very difficult to prove the cause of 'food poisoning'. Do you know if anyone else suffered with the same issues after eating - if it was just you, unlikely that the canteen food was the cause.

Are you sure it was food poisoning and not just a stomach ailment - when did you attend the GP/A&E and have they diagnosed food poisoning (and put that on the sick cert).

Certainly worth putting to your employer and see if they are sympathetic (presuming bottom line that you are not entitled to sick pay in your contract anyhow) - pursuing it will be somewhat more complicated if they won't play ball.

stop animal cruelty · 20-10-2015 4:32pm

It was a meal provided at work.... It was def food poisoning I had all the symptoms... I was v unwell. I haven't hears of anyone else complaining but I'll see if I hear any thing tomorrow.

I was at the doc yesterday she told it was gastroenteritis ie caused by food poisoning..... Told her what I ate she even pointed out the food she reckon it was as it as she had the same case...same food but not from the same place I might add! I know I can't prove it but all I was vomiting was the meal I had there....plus boil

Car99 · 20-10-2015 4:40pm

What does your contract of employment say about sick days? Did you sign a contract?
Is it a small company? Generally small firms don't tend to pay sick pay in my experience because they don't legally have to and it cuts down on absenteeism.

dreamers75 · 20-10-2015 4:54pm

john the one wrote: »

Not so sure about that but I'm not a professional on the matter but if I break a leg in work, surely I'm entitled to be paid by the company for sick absence as it was on company time doing company work.

If you get paid the company is admitting liability, so you wont be paid.

am I entitled to pay when off sick?

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