If an employee goes on holidays abroad when on sick leave, do you have to pay them for this annual leave if you do not pay sick leave?Posted in : First Tuesday Q&A ROI on 5 November 2013
Under the Organization of Working Time Act 1997 employees are entitled to a minimum number of paid annual leave days each year. If the employee informed the employer that he/she intended to cease using sick leave and use part some of his/her annual leave, then he/she is entitled to be paid for such days, provided that he/she has not exhausted his/her annual leave entitlement.
If an employee is asserting that he/she is sick, and instead goes on holidays, this may amount to improper use of sick leave; this may be a disciplinary matter. The Company’s sick leave policy should be reviewed in this regard.
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.