In Ireland there is no legal duty on an employer to pay an employee while he/she is absent from work due to illness. Neither is there an obligation on an employer to keep an employee’s position available for him/her if he/she is unable to perform their role due to incapacity or illness.
In practice, most employers will agree to pay an employee for a certain number of sickness related days of absence and may require a medical certificate from the employee’s doctor.
Any terms and conditions regarding sick leave should be set out in the employee’s contract of employment.
In practice, difficulties can arise in particular in cases of protracted or persistent non-attendance or poor attendance.
It is advisable to seek advice from Hussey Fraser, Solicitors as to the respective rights and obligations of the employer and employee in the case of problematic attendance.
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