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
Zelda Cunningham
Arthur Cox
Issues covered:

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.

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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