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Denied sick leave?

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  • 14-08-2018 12:11pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Quick question as I can't find specifics on Citizens Information about this.

    Can my employer deny me sick leave?

    I have an operation scheduled that is medically necessary and not elective. If I don't have the procedure I'll be in trouble medically basically.

    My employer says that I may not have it during X month and that I need to delay it by 4 months because the company is too busy.

    Is this legal? I'm not seeking pay while I'm off sick or anything.


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    #2
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    An employer has no right to injure your health.
    Get a letter from your consultant stating it cannot be delayed.


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    #3
    Doop
    Registered Users Posts: 1,470 ✭✭✭Doop


    I experienced this previously myself. Was due to undergo a relativity minor medical procedure which I waited a long time for. I advised my employer and was told I could not 'book' as sick day off, I was however able to take it as annual leave so not too much of an issue, however, I regretted not just ringing in sick the day of the procedure. Which is something you could possibly do?


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    #4
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    Doop wrote: »
    I experienced this previously myself. Was due to undergo a relativity minor medical procedure which I waited a long time for. I advised my employer and was told I could not 'book' as sick day off, I was however able to take it as annual leave so not too much of an issue, however, I regretted not just ringing in sick the day of the procedure. Which is something you could possibly do?

    I had conversations about this before with hr where I worked, they insisted employees couldn’t book sick days and I can see the point. Equally though taking annual leave to go to hospital isn’t right either.

    So my compromise with my employees was that they would book annual leave, then as per employment law if you are certified sick you are entitled to annual leave returned. Once they produced the cert they were credited with the days annual leave to take again.
    It covered everyone.

    I think an employer blocking this is just petty and short sighted. How can they expect to build a loyal team if they don’t even take the basics of employee health seriously.


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    #5
    c6ysaphjvqw41k
    Closed Accounts Posts: 466 ✭✭c6ysaphjvqw41k


    This post has been deleted.


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    #6
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    Escalate the issue to your manager's manager.

    Sorry you're in this situation.

    My advice to you is to do the surgery regardless.


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    #7
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Hi, thank you for your replies.

    I asked about taking the time as annual leave. Unfortunately it's not the specific type of leave I need that's the problem. The problem is taking any time off at Al. It's busy season for the company and they're already short staffed. I am going to get a consultant letter because it's imperative that I have the operation as soon as. Without going into detail, it's an important one and delaying it would have consequences for my health.


    I'm going to have the procedure regardless because obviously health is more important but I wasn't sure on the law around it. If they don't allow me the time and legally have the right to deny me the time then I'm kind of screwed aren't I?


    I'll escalate to HR if necessary though.

    Thank you for the replies.


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    #8
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    Brentley Moldy Pinball wrote: »
    This post has been deleted.

    That’s my understanding for maternity related appointments but nothing else is actually covered in statute is my understanding


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    #9
    TallGlass
    Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    If you use annual leave and are ill your entitled to claim your annual leave back with a sick note.

    From citizens information, just Google search annual leave Ireland. I'm on mobile here.

    Annual leave and sick leave
    If you are ill while you are on annual leave, you should get a medical certificate from your family doctor (GP) as soon as possible to cover the days that you were sick and give this to your employer as soon as you return to work. In this way, the sick days will not count as annual leave and will be available to you at a later date. An employer cannot require you to take annual leave for a certified period of illness.


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    #10
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    TallGlass wrote: »
    If you use annual leave and are ill your entitled to claim your annual leave back with a sick note.

    From citizens information, just Google search annual leave Ireland. I'm on mobile here.

    Annual leave and sick leave
    If you are ill while you are on annual leave, you should get a medical certificate from your family doctor (GP) as soon as possible to cover the days that you were sick and give this to your employer as soon as you return to work. In this way, the sick days will not count as annual leave and will be available to you at a later date. An employer cannot require you to take annual leave for a certified period of illness.

    That’s the workaround I used.


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    #11
    TallGlass
    Closed Accounts Posts: 4,935 ✭✭✭TallGlass


    _Brian wrote: »
    That’s the workaround I used.

    I think it's quite sad to have to use it like that but it is legislation or just call in sick. The OP is been pro active and been a good employee by letting the employer know in advanced. The manager seems to see this as optional like a holiday or trip.

    A good manager, would yano manage the situation. Alot of managers over teams seem to fail to take up or notice that they have legal obligations under statue managing a team and dedicate to much time to projects, neglecting these important day to day tasks that are important to staff. It might not be important to the manager, but to the OP this is very important.

    To me this manager has now become unapproachable for any urgent time off and as a result, will now have to be reactive to sick calls.

    In summary manager mentioned is poor, the team are not robots, people need time off, people become sick, people leave. A good manager knows these factors and has plans in these events. Not excuses like we are too busy at the moment.


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    #12
    brightspark
    Registered Users Posts: 2,637 ✭✭✭brightspark


    Have you told your employer how important it is to your health?

    I would think that they would be failing in their duty of care once they are aware of the consequences of delaying the operation.

    If it was me I'd give the employer all the information (in a way they couldn't deny afterwards, then do what I have to do, i.e. take the time off with or without his consent.

    It might make an interesting case for unfair/constructive dismissal.

    A lot depends on how dependent you are on the job, but remember work/money isn't everything.

    Your union or solicitor would give you better advice than you will find here though.


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