I have a query in relation to sick leave. The issue I have is that an employee who has been certified as suffering from depression is absent from work on a very regular basis - he does come to work frequently but is absent for at least up to 5 days per month. The fact that he is in and out of work is very disruptive for our scheduling. However, I am unsure how to proceed as we are more used in these situations for people to be out on continuous long term sick leave rather than intermittently. He has already attended our Company doctor for review. The issue of the intermittent absences is something I would need help in addressing if possible – would you have any guidance on that for me?Posted in : First Tuesday Q&A ROI on 1 October 2013
A long term illness may in certain cases by considered a disability for the purposes of employment equality legislation. Depending on the determination of the medical practitioner, the employee may have a disability, and therefore there is a risk that any action taken by the Company to address the absenteeism could be considered discriminatory.
In the first instance, the employer should refer the employee for examination by a medical practitioner to establish his/her fitness to work (if this has not already been done). The employer should then engage with the employee in question regarding the issue in the context of the medical report received.
Under the Employment Equality Acts 1998 to
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.