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Part Time Employee on long term illness

  • 02-02-2017 11:08am
    #1
    Registered Users, Registered Users 2 Posts: 394 ✭✭


    Hi All,

    Just wondering what the annual leave entitlement & bank holiday entitlement is for a part time employee on long term illness?

    Cheers,
    Hcksaw.


Comments

  • Registered Users, Registered Users 2 Posts: 1,955 ✭✭✭Conall Cernach


    Hi All,

    Just wondering what the annual leave entitlement & bank holiday entitlement is for a part time employee on long term illness?

    Cheers,
    Hcksaw.

    According to http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

    "Since 1 August 2015, you accumulate statutory annual leave entitlement during a period of certified sick leave. Employees on long-term sick leave can retain annual leave they could not take due to illness for up to 15 months after the end of the year in which it is accrued."

    My reading of that would be that the employee is still entitled to their usual annual leave even if they are long term sick.

    "Generally, the annual leave for part-time workers is calculated using the 3rd method, that is, 8% of hours worked."

    So an employee that normally works 20 hours a week for 52 weeks of the year is entitled to 83 hours subject to the maximum of 4 weeks paid leave, so 80 hours. If they are certified as sick then they can still take this paid leave when they recover. It will be as if they had worked during the time they were off.

    Of course an employer can dismiss someone who is persistently off sick even if they have a doctors certificate.


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    So an employee that normally works 20 hours a week for 52 weeks of the year is entitled to 83 hours subject to the maximum of 4 weeks paid leave, so 80 hours.  If they are certified as sick then they can still take this paid leave when they recover.  It will be as if they had worked during the time they were off.

    Of course an employer can dismiss someone who is persistently off sick even if they have a doctors certificate.
    Which leads to the question, can the employer sack someone for being off sick and rehire them when healthy to prevent having to pay 8% of his wages accumulating.


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