Employment law

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Supermaman
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Re: Employment law

#16 Post by Supermaman »

So if you insisted on a sick cert for 3 days you’d owe them a day off. If you don’t tgey were only sick two days and shouldn’t need a note.
I think you’re also wrong you can ask for a sick cert for a single day just if you feel like it if you have clear policy that it’s required for more than two days.

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DiscoGirl
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Re: Employment law

#17 Post by DiscoGirl »

I think you should leave it go, you said you have no other issues with this staff member , people do get sick.regardless of the time of year !

Bubbles
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Re: Employment law

#18 Post by Bubbles »

Also I think you are being totally unreasonable. You should introduce a sick pay scheme if you are insisting on a cert for days sick. And another thing, due to GDPR all that can be put in the cert is medical condition.

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Re: Employment law

#19 Post by Unnamed Poster 8 »

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Primrose
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Re: Employment law

#20 Post by Primrose »

You need to step back and look at the bigger picture here from an employee relations point of view rather than getting hung up on the letter of the law (which I don’t see as being on your side either!). You’re not paying sick pay. The 3rd day was a non working day- if the person was still off Thursday then there’s an argument that the sick leave was continuous including the non rostered day (depending on how your sick leave policy is structured) but as they were back on Thursday that doesn’t really hold up. You're risking damaging a good working relationship and having a very disgruntled employee- is it worth it where there are (from what you’ve said) no other issues here? Being sick is not a choice - yes some people take the proverbial but you’ll know who they are and it seems that’s not the case here. It’s not “taking time off”.

Also saying you can request a cert after 1 day when it’s not in your agreed terms of employment is not helpful in this situation. You’d have to notify staff of the change in policy before implementing a change like this.

Managing employees means a certain amount of unpredictability- things happen, people are sick, have bereavements etc. You have to suck up your annoyance at the inconvenience sometimes, it’s part and parcel of managing people.
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Posher
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Re: Employment law

#21 Post by Posher »

My employers asks for a cert if you are out sick for three consecutive days. If you are out sick on a Friday and a Monday (ie two working days) they expect a cert. The offices are closed Saturday and Sunday.

Our sick leave is paid though.
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Iamsoneedy
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Re: Employment law

#22 Post by Iamsoneedy »

molls wrote:I can't see how a day they weren't due in can be counted as the third consecutive days, and to insist on them paying for a sick note for days they won't be paid for us just shitty.
Totally agree. If you behave like that you’ll lose employees. And rightly so.

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Re: Employment law

#23 Post by RedHen »

I don't understand why you want the cert if you don't pay sick leave? To make her spend €60 on a GP visit as punishment for being out? A GP isn't going to be able to tell you now if she really was sick for the two days if that's what you're concerned about.

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Re: Employment law

#24 Post by Iamsoneedy »

I missed the part that they don’t pay sick leave :lol: Total wind up.

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Re: Employment law

#25 Post by LucyS »

The OP reads like a page out of A Christmas Carol.

Bah! Humbug!
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Dnwa
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Re: Employment law

#26 Post by Dnwa »

1st off it depends on the industry sobif its a restaurant you must supply a cert for food saftey after 2 days .

If not the above you are in the wrong . If your building only worked Monday to Friday and didnt open on A Saturday sunday how would your theory work ?

This person does not abuse sick so just let it go and ask her is she ok !
Yes its fustrating people calling in sick but as long as its not abused pick your battles or u will create bad tension .

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Supermaman
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Re: Employment law

#27 Post by Supermaman »

The OP said their contracts say once absent for 3 days a cert must be supplied and seem to have a weird interpretation of absent in this case. AND goes on to say they can ask for a cert for one day if they want... It's not just a matter of this is a good employee so let it go, the OP needs to reassess their managerial style.

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Re: Employment law

#28 Post by Poppy23 »

castaside wrote:I've an employee who recently was sick from work. They were sick for two days and their 3rd day was their day off.


Our contracts states once absent for 3 days a GP note is required. They didn't bring one in. They are claiming that they were only absent for 2 days. I told them that they were not here for 3 consecutive days so they need a note.

I told them that I can request a note for 1 day if I feel it necessary. They don't abuse sick days (we don't pay any days absent) and I don't have any problems with this staff member. I am annoyed they took time off so close to Christmas, our busy period.

They are now saying that if I am going to count their day off as a sick day, then they are entitled to another day off , is this true ?

Can I make them bring in a sick note ?

They are saying they can't get one till Monday as no gps open, they are rostered on Monday. Do I change their day off to Monday ? They are working the week end.
Mary, is that you? :lol: :lol: :lol: Sounds like it.

I’ve worked for employers like this, I was long going. This in the very reason I no longer work for small owner run business as it can get very dirty very fast.

janeymac
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Re: Employment law

#29 Post by janeymac »

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Last edited by janeymac on Sat Dec 14, 2019 12:36 pm, edited 1 time in total.

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Re: Employment law

#30 Post by janeymac »

I am baffled at such a short sighted employer. You have no reason to disbelieve your employee as they don't abuse sick leave but you're annoyed that they got sick at your busy time. Unfortunately people can't choose the most convenient time to be sick. But you are frustrated so you're demanding a sick note in some sort of retaliation.
I feel more sorry for your employee who probably could ill afford to miss out on 2 full days of pay right at Christmas. And having lost 2 days of pay because you the employer don't pay sick leave, you want to impose a further financial burden on your employee by demanding they provide you with a sick note.
I wouldn't feel like a very valued employee if I worked for you and I think I'd know what my new year resolution would be. I think your attitude particularly in the face of Christmas isn't very conducive to keeping your employees.
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