Can you put into a policy that employees cannot go on holidays while out on long-term paid sick leave?Posted in : First Tuesday Q&A ROI on 6 March 2012
Recent ECJ case law has confirmed the ECJ position that an employee accrues annual leave whilst on sick leave. Sick leave is legally perceived as being very different to holiday. As long as employees comply with the notification and certification requirements of an employer's sick leave policy, they should be permitted to go on holiday during that sick leave without disqualifying themselves from payment.
Sick leave also tends to be medically perceived as being different to holiday with doctors often advising that it is therapeutic. If, at any stage during the sick leave the employer becomes concerned that the sickness may not be genuine and that the employee is malingering then it might be
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.