Is this legal - employer not allowing time off work

LegacyUser

Hi All posting on behalf of a mate of mine

Anyway in the past few days the MD of his company has given everyone a memo-

Basically asking all employees not to ask for any more time off until the new year
If there are family emergencies - get someone else to look after them
no time off for a funeral unless its your own!! (no joke this was actually said!!)
basically do not ask for any more authorised or unauthorised time off.

What are his rights here - surely this is not totally legal?

I should mention that recently this company made a load of staff redundant and everyone there has been living in fear of their job - so obviousily the MD is using this fear to his/her advantage

What do you think?

All opinions much appreciated

Cheers

skyline1515

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

it depends on what is in the contract of your friend, check out the link above.

company can dictate when you can or cannot take holidays eg in retail staff normally cannot take holiday between november and feburary.

hope it helps

twowheelsonly

It's legal to a degree but not entirely enforceable.
Force Majeure is the one to use for an unavoidable absence to deal with a 'family crisis' - You are legally entitled to this to a maximum of 3 days in any one year up to 5 in 3 years (Dated from the time that you take your first one. Your employer can't touch you on this once it's for a valid reason. The school play or a young fellas match is not a valid reason!!!
(See the link posted above)

Paid sick leave is discretionary so that's up to the employer. Likewise Bereavement leave.
Having said that, it would be very hard to sack somebody if they were genuinely sick/injured unless their position was being made redundant.

BC

Its sort of allowed.

Your employer cannot refuse time off to attend a medical appointment. They don't have to pay you but they can't refuse the time off (you'll have to provide proof).

I'm open to correction on annual leave but my understanding is that its up to the employer to decide when you take annual leave however they have to ensure you take it within the leave year unless you BOTH consent otherwise. So, if your leave year is Jan to Dec and you have only taken 50% of your leave. Then your employer has to allow you take the remaining 50% before Dec unless you both agree otherwise. If this had been make clear at the start of the year year then the employer would be okay but i don't think they can refuse it now (assuming the leave year ends in December).

Shelflife

"Your employer cannot refuse time off to attend a medical appointment"

Are you sure of this? maybe in the circumstances of a serious illness , but i dont think that your employer has to give you time off just because it suits you to get a basic check up during the week.

TwoShedsJackson

Shelflife wrote: »

"Your employer cannot refuse time off to attend a medical appointment"

Are you sure of this? maybe in the circumstances of a serious illness , but i dont think that your employer has to give you time off just because it suits you to get a basic check up during the week.

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

Last paragraph - if you have an appointment they have to give you time off. They are under no obiligation to pay you, and you have to provide a medical cert.

Of course some employers will resent you for ever if you do this.

Shelflife

TwoShedsJackson wrote: »

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

Last paragraph - if you have an appointment they have to give you time off. They are under no obiligation to pay you, and you have to provide a medical cert.

Of course some employers will resent you for ever if you do this.

Yeah hospital appointment but not routine checkups , dental appointments etc.