Sick leave and bouts

LegacyUser

Going unreg for this cos you never know, long story short have been out sick for almost a month now from work, my job pays us for 20 sick days a year then after that is social welfare certs, now they dont take scheduled days off into account as you wouldnt be at work anyway so for all of August (first got sick on Aug 1st) I would have had at least 7 or 8 days off with weekends and the few days here and there, but today I got told I had been out for 27 days, I added it up and they're factoring another bout of sickness from september 2008 into it as well, its a rolling 12 month period since your last sick bout according to them which is a bit unfair, they're saying I've been out for long periods twice "this year" I started work there originally in Nov 2006 so surely it should run from then?

They also give written and final warnings for extended or repeated bouts of sickness, a girl on my team has a lot of health problems from a blood clot and she's basically been told be out sick again and you're gone

can they do this?

Eoin

They also give written and final warnings for extended or repeated bouts of sickness, a girl on my team has a lot of health problems from a blood clot and she's basically been told be out sick again and you're gone

Yes, extended sick leave can be justification to let someone go.

27 sick days in any 12 month period is a lot.

Nody

Rolling 12/18/24 months for sickness, late etc. is standard in every company I ever worked for and is perfectly legal. As Eoin said though 27 days in 12 months is A LOT of sick leave no matter how you slice it. Also keep in mind that the company is not legally bound to pay you anything during your sick leave so be happy you got 20 days paid.

elainee40

But has he got anything from the doctor like a cert, if he has a cert the company cant actually do anything about it.

Eoin

elainee40 wrote: »

But has he got anything from the doctor like a cert, if he has a cert the company cant actually do anything about it.

That's not correct. They are not letting you go for taking uncertified leave, they are letting you go because you are unable to fulfil your duties because of extended sick leave.

Here is some information from [url]www.citizensinformation.ie:[/url]

If illness or injury is at issue, it is often assumed that you cannot be dismissed fairly while on certified sick leave from your work. However, this is not true. It is difficult to lay down hard and fast rules to apply to these cases as each will be treated on its own merits. Issues such as length of service, previous record and the importance of the job will vary and will have to be taken into account. These types of claim are often divided into short-term and long-term absences.

Dismissal related to short-term illness generally occurs where you have a medical problem that results in frequent absences for short periods from the workplace. Assuming that the genuine nature of your problem was not in question, your employer will have to show that a pattern of absence exists, that it is causing problems, that the problem is unlikely to get better and that you have been warned that dismissal is likely.

In a case of a long-term absence, however, your employer will be expected to obtain detailed medical evidence that an early return to work is unlikely. There is no set period of absence by which it can be said that a dismissal will or will not be considered reasonable. Obviously, the longer the absence, the easier it is for your employer to show that it is causing genuine difficulty in terms of the organisation of the workplace.

In terms of medical evidence you may be required to attend your employer's medical expert. If there is a conflict of medical evidence between you and your employer as to the possible return date, your employer will be expected to get a second opinion before taking the decision to dismiss you.