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uncertified sick leave query

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  • 09-10-2013 8:40pm
    #1
    nicearbhaill
    Closed Accounts Posts: 169 ✭✭


    quick query re uncertified sick leave

    would it be inappropriate to ask to use my annual leave instead of taking uncertified sick leave ....


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    #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Technically employers cannot allow you to take holidays when you are sick, so yes.


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    #3
    GarysGirl
    Registered Users Posts: 14 ✭GarysGirl


    Depends on the employer ? I have done this before and my employer was only to happy to assist, worth asking I say.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Stheno wrote: »
    Technically employers cannot allow you to take holidays when you are sick, so yes.


    Are you sure?

    I know they cannot force you to use annual leave for this, but surely they can let you choose to do so? After all, the stress of being unpaid may make you sicker ...


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    #5
    miezekatze
    Registered Users Posts: 1,341 ✭✭✭miezekatze


    I've often seen this being done if requested by the employee, not sure why this would be an issue.


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    #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Mrs OBumble wrote: »
    Are you sure?

    I know they cannot force you to use annual leave for this, but surely they can let you choose to do so? After all, the stress of being unpaid may make you sicker ...

    Worded it badly, if you are sick while on annual leave, you are entitled to the time back off your annual leave, and if you are on certified sick leave, you cannot be asked to take it as holidays

    From Citizens Information
    Sick leave and annual leave
    If you are ill during your annual leave and have a medical certificate for the days you were ill, these sick days will not be counted as annual leave days. Instead, you can use these days as annual leave at a later date.

    An employer cannot require you to take annual leave for a certified period of illness. However, illness during the leave year will reduce the total number of hours worked by you and may therefore affect your entitlement to annual leave under the Organisation of Working Time Act. For information about long-term sick leave and annual leave see ‘Further information’ below.


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    #7
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Being asked or worse encouraged by your employer to take annual leave instead of sick leave is not permitted. But if the request comes from the employee and is mutually agreed upon by both parties then it's not illegal. Just be sure to have everything documented to confirm what was agreed between you.


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    #8
    ash23
    Closed Accounts Posts: 4,791 ✭✭✭ash23


    My employer will not let me use annual leave for a sick day. If I'm sick, I'm sick.

    I have been allowed to use annual leave for short notice days after treatment but I've had to word it in such a way as to not say I'm sick.

    If you're on certified sick leave it's unlikely you'd be able to use annual leave.


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