The Christmas break period has been very different for many this year as thousands of Irish will have to self-isolate during their holidays due to Covid-19.
The surge in cases has left employees wondering if they can take back their vacations from work because they have spent time in bed ill.
one higher Irish lawyer He answered this question after revealing what employees are entitled to if they get sick while they are off work.
Richard Grogan, who specializes in providing legal services in labor law and personal injury litigation, took to his TikTok account to explain how employees should be able to reclaim their vacation days if they fell ill during them.
“Now the law regarding this is that if you are sick while you are on vacation, in those circumstances, if you provide a doctor’s certificate, you will get your vacation back,” he said.
However, Richard explained that if you did not test positive for Covid and were asked to self-isolate by HSE as a close contact, the situation could be different.
He said, « So what’s the situation if you’re not sick, but you have to isolate yourself, now I’ll be honest with you, and say that this is an issue that should go to Labor Court at some point.
“According to current law, you will only get holidays if you are sick, and the question will be if HSE says you have to self-isolate, in these circumstances it looks like there might be allegations from people saying I should take back the holidays in that situation. But we have to. to wait and see.
Richard went on to answer whether or not you are entitled to pay if you are forced to miss work due to Covid.
“Unless you have an employment contract that says you are entitled to be paid when you are sick, you are not entitled to be paid,” he said.
He added: The third question is whether you have to self-isolate and under these circumstances the employer must pay, and the answer again is that it depends on your employment contract.
« Now, if you have no entitlement to wages, in those cases, you must apply to the Social Protection Department for the enhanced sickness benefit. »