Holidays and sick leave

Sooty19

Hi guys i am hoping someone can help me, i am trying to find exactly where in legislation it states that an employer cannot use annual leave to cover sick days. I know myself they can't but to have the official legislation link to hand would be helpful.

Thank you all

Sooty

Jim_Hodge

Sick leave act 2022 may be of use.

Pauliedragon

This might help.

https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/leave-and-holidays/sick-leave-and-sick-pay/#:~:text=What%20happens%20to%20my%20annual,and%20have%20a%20medical%20certificate.

JustAThought

Check your contract - Im assuming you have been defucted and want to see where your rights lie - often sick leave and payment is covered there - it may be at the managers discretion to give it (paid) or may require to be Dr certified to obtain it, or they may require you to go to a Dr of their choosing etc. - otherwise absence may become a holiday day leave or a disciplinary issue as you have not requested or been granted holiday leave etc.

Best of luck.

dennyk

https://www.boards.ie/discussion/2058342120/holidays-and-sick-leave

For days on which you are ill not counting as annual leave, that's in the Organisation of Working Time Act, Section 19 (2):

(2)  A day which would be regarded as a day of annual leave shall, if the employee concerned is ill on that day and furnishes to his or her employer a certificate of a registered medical practitioner in respect of his or her illness, not be regarded, for the purposes of this Act, as a day of annual leave.

Forcing you to use annual leave to cover absences due to illness would contravene the above regulation and so would be illegal.

As far as receiving paid time off for sick leave which is not annual leave, the statutory provisions for that are in the Sick Leave Act 2022, or in your contract if your contract provides for more than the statutory minimum paid sick leave.