Deducting sick leave from holiday entitlement

katiek102010

I know someone who was out of work for a week due to a work related injury.

They are there for over a year. The employer has deducted this leave from holiday entitlement.

They were actually hospitalised and although back at work they may need another week off for a minor op to repair the Injury.

Is this legal

Mrs OBumble

Only with the employee's agreement.

Even then, some employers are concerned that leave is supposed to be about recreation, and that you cannot recreate while sick, so won't allow annual leave to be used - so they force unpaid instead. (Somehow not getting paid is believed to be less stressful!)

katiek102010

It was done without his agreement.

Stark

Whether you're paid sick leave or not depends on your employment contract. He should be entitled to social welfare payment regardless.

As far as I know, it's illegal to take it out of annual leave as under Irish law, you need to take a minimum of 20 days a year excluding sick days. Not sure what the legality is if he has an allowance of more than 20 a year, can they take it out of the difference or not.

dreamers75

Company paying sick leave after an "injury at work" can be deemed to be admitting fault in a future claim, so most wont.

They may deem this as holidays, best for him to ask for clarification.

katiek102010

Thanks, he doesn't have a lot of annual leave as he gets the 20 days then Christmas and Easter Sunday are taken off it.

Ally Dick

They sound like lousy employers

Batgurl

katiek102010 wrote: »

Thanks, he doesn't have a lot of annual leave as he gets the 20 days then Christmas and Easter Sunday are taken off it.

Public holidays should be in addition to the statutory minimum 20 days annual leave.