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Sick leave question

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  • 21-04-2011 10:16pm
    #1
    becca86
    Closed Accounts Posts: 7 ✭


    Hi I don't know how to start my own thread so maybe you can help me here. I am due to have an operation in a few weeks and I told my employer today. They told me I will have to book the day I have my operation on as annual leave and I can ring in sick the following day. I work fulltime and I get paid sick leave. I'm just trying to figure out is this right as I thought I would be able to use it as a sick day and not have to use up my annual leave days??


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    #2
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Hi there, I moved this to a new thread for you.


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    #3
    becca86
    Closed Accounts Posts: 7 ✭becca86


    thanks :)


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    #4
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    It sounds like your employer is applying the (generally correct) principle that you cannot know about sick leave in advance. Eg ", I'm going to have a headache next Tuesday" just doesn't wash.

    However this policy does need to take account of elective procedures. If you get a certificate from a doctor saying that you will be unfit for work between <<opDate>> and <<opDate plus whatever>>, they may change their mind.


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    #5
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    It's fair, and common practice is my last job. The only exception is for pregnant women who are entitled to time off.


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    #6
    madon
    Registered Users Posts: 560 ✭✭✭madon


    Had a similar problem- was told I had to take holidays for going in for a procedure. Rang citizens information and was told you don't have to take holidays and can't be forced too but the company is not obligied to have to pay you either so you can take the day as unpaid leave.


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    #7
    karlitob
    Registered Users Posts: 2,589 ✭✭✭karlitob


    madon wrote: »
    Had a similar problem- was told I had to take holidays for going in for a procedure. Rang citizens information and was told you don't have to take holidays and can't be forced too but the company is not obligied to have to pay you either so you can take the day as unpaid leave.

    Exactly. But if you are paid for sick leave then a doctors certificate saying that you are unfit for work is acceptable. If they pay you for sick leave then they should have a sick leave policy.

    Best of luck


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    #8
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    Just as an aside and slightly off topic, if the surgery was for say cosmetic purposes and not a medical problem would/should the firm have to pay for sick leave.

    yes the doctor may issue a cert to say that you are unfit to work, but its because you elected to be unfit for work.

    Just wondering.


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    #9
    karlitob
    Registered Users Posts: 2,589 ✭✭✭karlitob


    Shelflife wrote: »
    Just as an aside and slightly off topic, if the surgery was for say cosmetic purposes and not a medical problem would/should the firm have to pay for sick leave.

    yes the doctor may issue a cert to say that you are unfit to work, but its because you elected to be unfit for work.

    Just wondering.

    Cosmetic purposes are medical problems. Cleft palettes, plastic surgery for burns victims etc. There is no medical problem that is more or less acceptable.

    I disagree with 'elected to be unfit for work'. Aneurysm repair, pacemakers, cancer excisions area all done on an elective basis. Nobody 'elects' to be unfit for work. If you are unfit - as per the doctors note - then you are unfit. If you are lying, then the doctor won't issue one.

    If you have a paid on sick leave policy at work, there should be a policy in writing. Speak to HR and have them send it to you and don't take anyones verbal word. Read it and reply to the by e-mail so you have a record, quoting the section in the policy.


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    #10
    Teyla Emmagan
    Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    That's bizarre. You get sick leave but you're not allowed to take the day of your operation as a sick day? That's insane IMO. I know where I work we would definitely get it. And every other place I've ever worked would be the same. Maybe it's an industry thing (I'm in IT).

    I would challenge that to be honest OP, it sounds like someone is trying to get one past you.


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    #11
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    Shelflife wrote: »
    Just as an aside and slightly off topic, if the surgery was for say cosmetic purposes and not a medical problem would/should the firm have to pay for sick leave.

    yes the doctor may issue a cert to say that you are unfit to work, but its because you elected to be unfit for work.

    Just wondering.

    i gave paid sick leave to a lad for a week, he was sorer than he expected after having the snip... It did however drive up his % sick leave and killed his end of year performance review, lost his annual payrise because of it (and a few other casual uncertified days)..
    No bother with giving the leave but everything has consequences..


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    #12
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    karlitob wrote: »
    Cosmetic purposes are medical problems. Cleft palettes, plastic surgery for burns victims etc. There is no medical problem that is more or less acceptable.

    Sorry, but when it comes to boob-enhancements, facelifts and similar, I'd have to disagree.


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    #13
    karlitob
    Registered Users Posts: 2,589 ✭✭✭karlitob


    JustMary wrote: »
    Sorry, but when it comes to boob-enhancements, facelifts and similar, I'd have to disagree.

    Boob-augmentation (reduction) may be justified in cases of severe low back pain and body image disorder. 'Facelifts' could be also justified in extreme weightloss where the extra skin in the chin area could cause severe emotional effects on patients.

    But I understand the point you are making. I would say that in Ireland - that type of cosmetic modification is a rarity compared to the everyday 'cosmetic' surgeries that happen. Again, I feel calling it 'cosmetic' undermines its importance. A patient I had today was kicked in the face by a horse and received 'cosmetic' surgery from the plastic surgeon.


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    #14
    Amigone
    Registered Users Posts: 77 ✭✭Amigone


    Hi all,

    Quick question - I'm in my job three years now and I've never had a written contract (yes, I know you are supposed to have certain terms in writing within 2 months of commencement!) or wage slips. I have always been paid for any sick days I've taken (both with and without a medical cert).

    However, a colleague of mine recently took ill and spent a number of days in hospital. On her return her wages had been docked the days she was ill and she was told (by the book keeper who does the wages, not the boss) that we don't get paid for sick leave anymore.

    My question is, the terms of my contract are implied by law and as I was paid for sick days previously is it an implied term that I will be paid for sick leave? Neither I nor the rest of the employees (except this girl who was ill) have been informed of this change in sick leave being unpaid.

    Thanks.


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    #15
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    I am pretty sure that conditions of employment can be changed - I know companies that are no longer paying maternity leave and they're covered by law. I think you need to talk to a solicitor if you want a definitive answer though.


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