Holiday pay

dk1345

Hi all looking for a bit of advice
I injured myself in work a few months ago torn acl out for 2 or 3 weeks and the boss paid me for time off
Fast forward to about 2 weeks ago and I injure my knee again in work will have to get surgery done next week so will be out for a long time boss isn't paying me this time around (don't expect him to) was just wondering if i would be entitled to get paid over the holidays thanks for your replies in advance

davo10

dk1345 wrote: »

Hi all looking for a bit of advice
I injured myself in work a few months ago torn acl out for 2 or 3 weeks and the boss paid me for time off
Fast forward to about 2 weeks ago and I injure my knee again in work will have to get surgery done next week so will be out for a long time boss isn't paying me this time around (don't expect him to) was just wondering if i would be entitled to get paid over the holidays thanks for your replies in advance

You accrue holiday leave while you are out on sick leave but you have no entitlement to be paid while you are out on sick leave unless it states you will be in your contract. You can apply for illness benefit from Dept of SW.


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

dk1345

Thanks for the quick reply
I don't have a contract as such i work in construction as a full time employee for a small company so there's no contracts as such

Mrs OBumble

I assume that what you're actually asking about is whether you'll be paid for the statutory holidays over Christmas.

(The fact that you continue to accrue annual leave is true - but irrelevant because you cannot be paid out for this unless you resign.)

The Citizen's information site says:

If you are a full time worker on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed, as described above. ....

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

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


Written contracts or not - would you be regarded as permanent? Do you get work every week? Do you get paid annual leave?

dk1345

Yes I'm permanent in the job get the normal 2 weeks holidays in the summer and holidays at Christmas and bank holidays etc

Yummymummy83

dk1345 wrote: »

Yes I'm permanent in the job get the normal 2 weeks holidays in the summer and holidays at Christmas and bank holidays etc

I'm assuming you have set holidays and are wondering if you will be paid for the usual ones that fall over Christmas?

Well it's a yes and no situation. As syayed you'll still be accruing annual leave while out sick.The employer isn't obliged to pay you for annual leave will on sick leave.However if being on sick leave prevents you from taking the annual leave you are entitled to, then your employer must allow you to carry it over and allow you up to 15 months to take the leave. So you'll have this in addition to your statutory 4 weeks.

This means having you out of the business yet again after returning so the employer may agree to pay you. I'd say it would be best to just have a chat with them.

Also make sure you claim your illness benefit, that's exactly why you've been paying all that prsi for 😊

Mrs OBumble

I'd expect you'll get paid for the statutory holiday (one in lieu of Christmas Day, St Steven's Day, and one in lieu of New Year's Day). Not for others though.