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Sick leave,annual leave and redundancy

  • 28-06-2017 08:33PM
    #1
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭


    Mods please move if it's not the right section

    Hi,

    My brother is currently being offered redundancy,however he has been on sick leave for around 8 month's. He is aware that in sick leave he accrues annual leave and as it stand he is due 25 days.

    As per redundancy rules his company are allowed reduce his payment by each week after 26 consecutive weeks. In total he has been sick 31 weeks meaning they can deducted 5 weeks, however as he is due 5 weeks annual he is unsure if this is to be taken into or not. I myself am unsure so thought I'd ask here.

    I know of he was to leave the company or be fired he would be due any annual leave that he hasn't taken but I don't know how that works with redundancy?

    Can anyone advise or refer us to employment laws regarding this?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Re-opened for general discussion, subject to forum rule against legal advice


  • #3
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,406 ✭✭✭✭jimmycrackcorm


    According to citizensinformation he hasn't taken his leave while he is out sick so it can't count until he is back in work. Therefore the 26 weeks still counts as far as sick pay goes because as long as he is out sick he can only accrue leave.


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    With regards accrued leave from when sick the provisions are as follows regarding compensation when employment ceases:-

    If you leave within the first 12 of the 15 months you are entitled to be paid for the current outstanding leave year and the previous leave year accrual if applicable.

    If you leave within the last 3 of the 15 months you are entitled to be paid for the current outstanding leave year and the two previous leave years accruals if applicable.

    NB - The fifteen month time frame begins at the end of each appropriate leave year that the leave should have been taken, not when an employee first returns.


    There is no difference for redundancy as the entitlement is based on when an employee "ceases to be employed" (it does not matter how that happens).


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