Pay Deduction From a sick day

johnpdolan

Registered User
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70
Hi all

Need help

I was deducted €100 in this weeks pay cos I missed one days work last week due to being in hospital. I spoke to my manger on return and he did not seem to have a problem with this and that was end of matter as far as I knew. Head office have now deducted me €100 and say it is because I only worked so many hours and that is what I am being paid for, yet I am on a salary contract?

Very confused and have no idea what my rights or entitlments are regarding sick days

This is only my 2nd sick day

Please help

John
 
It is usual only to pay people for the days they work, unless paid sick leave is included in your contract.
 
But am i not entitled to pay for a sick day if i have a cert from doctor and I could have provided one if i was asked for it?
I am so confused and cannot afford to be down €1 never mind €100
Should i ask manager why he did not ask for sick cert, after all i told him i was hospitialised that day
 
What does your contract advise re payment for sick leave? It is not a requirement to pay you unless it is in your contract or other terms and conditions such as staff handbook etc. I assume you earn €500 per 5 day week if they deducted you €100.
 
No i wish I did earn €500
I have no idea where they got this weeks figure
I also have loads of holidays that they could have used
I am sorry for not knowing this but I have no idea of my rights
 
John, they can only deduct you a day's pay for the day missed. Do you have standardised days and hours? If not, what hours would you have done on the day and calculate the amount based on your hourly rate. I would also suggest to them that you use a holiday as if you were in hospital you were not necessarily sick if it was an appointment or similar.
 
John, they can only deduct you a day's pay for the day missed. Do you have standardised days and hours? If not, what hours would you have done on the day and calculate the amount based on your hourly rate. I would also suggest to them that you use a holiday as if you were in hospital you were not necessarily sick if it was an appointment or similar.

I was taken to hospital on the monday, my day off. my issue is i knew nothing of this and was never asked to provide a sick cert or anything by manager when i returned to work on thurdsday. Tuesday was sick day, i am off wednesdays, surely it is not right to find out today that i am down €100, i cannot afford that
 
How many days a week do you work John, and how many hours per day? Is it the same every week or does it change?
 
have you actually spoke to anyone in HR about this? As opposed to us randomers who don't know your specifics?
 
5 days a week on a 42 hour contract with the same hours

it rarely changes

i have an on going illness that i spoke to manager about on returning to work last thursday and i thought all would be ok, i took half day tuesday to go see a specialist, i am now worried i will be docked pay for that too
 
I am with company since march and yes i have a contract however i am not sure of sick day entitlements at present
 
I am with company since march and yes i have a contract however i am not sure of sick day entitlements at present


Under the "The Terms of Employment (Information) Act 1994 specifically refers to the provision for incapacity for work due to sickness as being one of the things about which the employer must provide information to the employee within two months."

You need to go back to HR and ask for this.


"Where your employer suffers loss through your fault, for example breakages or till shortages or your employer supplies a service as part of the job, for example, a uniform, deductions may be allowed. In these cases a deduction (or payment by the employee) is only allowed where:

It is allowed for in your contract
It is fair and reasonable
You have received a written notice of the deduction - a full week's notice if the deduction arises from your mistake
The amount of the deduction does not exceed the loss or cost of the service
The deduction takes place within 6 months of the loss/cost occurring
Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act – see ‘How to apply’ below. Likewise, unpaid notice, holiday pay, bonus and commission payments can also form part of a claim under the Act."

If your contract did specify sick leave is unpaid then they should have followed the steps above. If it's not in the contract then they have breached the law.
 
I am with company since march and yes i have a contract however i am not sure of sick day entitlements at present

In that case you need to sit down and read it plus any other documents you got from your employer and find out what it says.
 
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