Job & Long Term Illness

c.p.w.g.w

So i have a friends who has been diagnosed with cancer. The prognosis is unknown at presence.

Basically they are worried about being let go if they are out for treatment for too long. They've been with the company for 8 years, only ever taken 4 sick days in those 8 years.

Also their employee pays a portion of the health insurance, so they are also worried about not having insurance if they are let go.

Hopefully someone can help me out.

OMM 0000

What is the question you're asking?

c.p.w.g.w

OMM 0000 wrote: »

What is the question you're asking?

Sorry, my question is basically can they be fired die to his illness. Their health insurance is covered partly by their employer, so they fear losing the insurance if fired

_Brian

c.p.w.g.w wrote: »

Sorry, my question is basically can they be fired die to his illness. Their health insurance is covered partly by their employer, so they fear losing the insurance if fired

An employee who is no longer capable of performing the duties they were hired to do can be let go without redundancy and then be replaced.

It’s not something employers jump into quickly.

Most private insurance can be taken over by the individual without a break in cover but obviously cost can be an issue.

OMM 0000

Yes you can be fired for being ill.

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

"In some circumstances, where an employee has consistently been absent from work (or if through illness is no longer capable of continuing work), employment may be terminated."

Sorry to hear about your friend's situation.

c6ysaphjvqw41k

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_Brian

Zariah Slimy Spokesman wrote: »

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This doesn’t make sense.
If she will never be able to do her job the employer is allowed to terminate her employment. There may be other dynamics at play on this case that as you say aren’t being revealed.

c6ysaphjvqw41k

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splinter65

Zariah Slimy Spokesman wrote: »

My mother has been out sick from work for years and still hasn't been let go. She wont be able to work again because of her illness, but is still handing in sick certs every week. Her solicitor is involved because according to her they cant let her go or it would be unfair dismissal. I don't want to give too many details so she cant be identified.

If she’s not ever going back to work then why doesn’t she just give in her notice?

AndrewJRenko

splinter65 wrote: »

If she’s not ever going back to work then why doesn’t she just give in her notice?

Possibly because she depends on the income that she gets, and the health insurance provided.

Misguided1

Some companies have Permanent Health Insurance whereby if an employee is out sick for a protracted period of time, a % of their salary may be covered by the insurer until their circumstances change. It can be very difficult to be accepted onto PHI but if your friend is unable to work, check whether the company has a PHI policy. Without knowing the nature of the employer - it is difficult to comment but it would be difficult for an employer to move to terminate the contract of some who is sick. All sorts of legal minefields here.

amcalester

c.p.w.g.w wrote: »

Sorry, my question is basically can they be fired die to his illness. Their health insurance is covered partly by their employer, so they fear losing the insurance if fired

AFAIK they can’t be let go in anticipation of not being able to perform their duties.

The employer would need to establish that your friend is no longer able to do the job sonis unlikely that this would happen in the short term.

splinter65

AndrewJRenko wrote: »

Possibly because she depends on the income that she gets, and the health insurance provided.

Ahh I see. Surely at some point the insurance will have run out?
I can’t see any possibility of a successful unfair dismissals complaint in this case.

OMM 0000

Zariah Slimy Spokesman wrote: »

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I'm sorry, but this is really ****ty.

Your mother has been out of work for years, knows she will never go back to work, but she's gotten a solicitor involved to force her employer to keep paying her?

That's disgraceful behaviour.

_Brian

amcalester wrote: »

AFAIK they can’t be let go in anticipation of not being able to perform their duties.

The employer would need to establish that your friend is no longer able to do the job sonis unlikely that this would happen in the short term.

Absolutely right.
It needs to be defined without doubt that the condition isn’t likely to repair within a reasonable timeframe.
Only time insaw it there was documentation from two consultants on tue table comfirming tue employed condition.

_Brian

OMM 0000 wrote: »

I'm sorry, but this is really ****ty.

Your mother has been out of work for years, knows she will never go back to work, but she's gotten a solicitor involved to force her employer to keep paying her?

That's disgraceful behaviour.

Probably something not seen here where tue employer doesn’t feel fully confident to move on it. It would be unfair to speculate but it does happen.

OMM 0000

_Brian wrote: »

Probably something not seen here where tue employer doesn’t feel fully confident to move on it. It would be unfair to speculate but it does happen.

Yes it's possible the employer is to blame for the illness. If that's the case, I am happy to apologise.

Snotty

I don't think many employers pay sick leave for ever? Isn't there normally a period of cover?

In my old business we had 2 members of staff out sick for years, company wasn't paying them, but they were still on the books so they got illness benifits from the state. Assume this is not means tested and criteria to get it is just a doctors note, compared to disability payments which would be required a genuine illness, which these two most definitely did not have.

IBEC said I can ask them to visit our company doctor but we never pursued it.

c.p.w.g.w

Cheers guys all very helpful...

My mate is mainly in fear of the unknown, and their future health & health insurance.

They will hopefully have all their testing completed by next week so that will clear up some issues. They met with work today and it seemed to go ok

_Brian

So many jobs have a scale for sick pay, reducing day every three months until down to zero.

Your friend might be well served to find out if the health insurance contribution will be maintained or will it too cease on time. It might be something to be planned for if they need to maintain cover.

We’ve had a number of years where health insurance has pain in excess of €30k on our behalf.

loyatemu

The company should have a policy for sickness and long term illness, so check that. I know in my job of you go on to long term sick leave you are put in (I think) half pay and after that permanent health insurance is invoked which covers most of your previous salary.

Smaller companies mm at not have a policy (though they really should).

c6ysaphjvqw41k

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splinter65

Zariah Slimy Spokesman wrote: »

Nobody said she is being paid. She isn't.

If she’s not being paid by her employer then is an insurance policy paying her?