If you have an employee who is under investigation whilst on suspension with pay and subsequently gets sick: a) Can you stop pay until they are fit to engage with the investigation? b) Do you have to pay them sick pay?

Posted in : First Tuesday Q&A ROI on 12 January 2013
Elaine Mettler
Arthur Cox
Issues covered:

a) Where an employee has been suspended on full pay pending the outcome of an investigation, they are entitled to continue to be paid during that process. However, where a suspended employee subsequently gets sick (and is thus unable to participate in the investigation process), then they should be dealt with in accordance with the company sick pay scheme. When they have exhausted their entitlements under that scheme (and in the absence of any permanent health insurance scheme), they would then come off payroll until such time as they are confirmed to be medically fit to resume their participation in the investigation.

The employer may, subject to the terms of the contract, request that the

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Back to Q&A's This article is correct at 02/09/2015

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Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

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