Is there anything to confirm that stress is a sickness which creates an entitlement to sick leave?

Posted in : First Tuesday Q&A ROI on 4 June 2014
Zelda Cunningham
Arthur Cox
Issues covered:

Sick leave is not specifically regulated under Irish legislation, and therefore, sick leave will be governed by the contract of employment or the employer's sick leave policy.

Whether stress constitutes a sickness giving rise to an entitlement to sick leave depends on the nature and extent of the employee's condition. If the employee is providing medical certificates in respect of his/her absence, and complying with any other procedures in the sick leave policy or as contained in his/her contract of employment, then the employer will generally have to accept that the employee is incapable of work through illness. The employer can send the employee to an occupational health practitioner for

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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

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