Sick during Annual Leave was "Hassle over sick certificate"

Just checked and it's the law. If it's the law, it must be fair. Aren't all laws fair?

Apparently, the Protection of the Employment Rights of Self-employed Builders (Who Were Employed By Grasping Employers) Act (1874) is still valid in Ireland as it has not been repealed.

If the client's income exceeds £10/15/6 per annum, they must protect the builder against any loss of income due to sickness. Does anyone know if this income limit has been increased?

Brendan

Can you link to where where you are getting this from?
 
I think you are missing the point.
Excellent posts Brendan :D

How so?

Getting your annual leave entitlement back when you're sick, from an employer is a completely different issue to getting paid for sick leave.

A contractor getting paid for sick leave is even further from the original subject of the thread. I've never heard of a client paying a contractor for sick leave. Can he link to where hes getting this info.
 
I agree that this thread has gone a bit off topic and is missing the point of the original post which was specifically to do with regaining holiday entitlements when certified sick while on leave and which has been answered earlier. I too am surprised that one can do this under current employment legislation. But disucssion of whether or not this is logical etc. is a separate issue surely? Some of the earlier points and posts are just confusing the issue as far as I can see. Including some of the anecdotes which, while amusing and maybe even genuine, are irrelevant here.
 
The law does not require employers to pay employees while they are on sick leave. The law ensures that people get their full annual leave entitlement. If they are sick, this does not count as annual leave. That's all.

I think it's unreasonable for an employee to expect to be paid for annual leave days they later claim as sick leave. But I guess what's reasonable depends on terms and conditions, and custom and practice within the company. It is reasonable for them to be able to take the paid leave at another time.


Now the real question... I was sick yesterday and my company usually pays me while on sick leave. I've requested double time for bank holiday sick pay. Surely this is the least I'm entitled to?
 
Re: Hassle over sick certificate

You booked holidays...you fell sick during your holidays.

Now you want work to give you your holidays back???

Am I missing something really obvious here? You are sick during your holidays...bad luck and all that...but what has it got to do with your work?

It might seem strange to you but it's in my contract of employment that certified sick days falling during annual leave will result in annual leave being "returned". I was very pleasantly surprised when I saw it in my contract.
 
Re: Hassle over sick certificate

in my contract of employment that certified sick days falling during annual leave will result in annual leave being "returned". I was very pleasantly surprised when I saw it in my contract.
Do you get a max number of certified sick days? Do you get paid the same for a sick day and a days annual leave?
 
Re: Hassle over sick certificate

Do you get a max number of certified sick days? Do you get paid the same for a sick day and a days annual leave?

Why would it be different? If it was to save money wouldn't they just drop paid sick leave?
 
Re: Hassle over sick certificate

Do you get a max number of certified sick days? Do you get paid the same for a sick day and a days annual leave?

This is my company's policy:

"If you have 3 days absence through illness, a Doctor's certificate must be submitted (from a Registered Medical Practitioner). If you are absent through illness on a Friday and the following Monday such absence will also require production of a Doctor’s certificate. The Company will treat all cases of illness in a sympathetic manner. However, where there is a persistent problem, it may result in the Company requiring you to have a medical examination with the company Doctor, who will provide a report to the Company.

Entitlements to pay while on sick leave are as follows:

A maximum of 6 months full basic pay less social welfare entitlements may be allowed in any 12 month period and half basic pay less social welfare entitlements thereafter. This is subject to a maximum of 12 months absence in any four - year period or less."
 
...sorry, to answer your question, yes we do get paid the same for sick days, worked days and annual leave.
 
That's some sweet contract you have there Trafford. Do you mind me asking what sector you are in?
If all payments are the same then I don't see why a company would have a problem with allowing you to claim back your annual leave if you were ill,
especially when they pay so many sick days... six months, that's incredible.
On the original question I stand corrected.
 
That's some sweet contract you have there Trafford. Do you mind me asking what sector you are in?
If all payments are the same then I don't see why a company would have a problem with allowing you to claim back your annual leave if you were ill,
especially when they pay so many sick days... six months, that's incredible.
On the original question I stand corrected.


I work in the financial services sector - banking to be precise. I have to say that my current company is like a Carlsberg Ad., i.e. it's an amazingly generous place to work. The result is the turnover of staff is unbelievably low.
 
That's some sweet contract you have there Trafford. Do you mind me asking what sector you are in?
If all payments are the same then I don't see why a company would have a problem with allowing you to claim back your annual leave if you were ill,
especially when they pay so many sick days... six months, that's incredible.
On the original question I stand corrected.

Whats being paid got to do with it? Law is you get your holidays back if you are sick. They don't have to pay you for it though.
 
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