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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi! my name is XXXXX XXXXX I am employee in a company full-time,

Resolved Question:

Hi! my name is XXXXX XXXXX I am employee in a company full-time, before I go to holiday I took one day sick it is legal or illegal?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you explain you situation a little more?

Ben Jones :

And just to confirm is this about a UK or Irish employer?

Customer:

Yes I am Irish employer but Hungarian citizenship and I live in Dublin Ireland

Ben Jones :

ok you posted your question in the wrong category by the looks of it (his is UK law), I will transfer it to our ROI section

Customer:

ok Ben! glad to meet you I didn't recognise is uk site but I thigh you can help me?

Ben Jones :

I can't but we have an Irish section and I will move your question there

Customer:

Ok thanks your efort

Ben Jones :

no problems, no need to reply as it will just assign this back to me though

Customer:

Please leave a message because I need a answer tomorrow. It is positive or negative does mater...

Ben Jones :

well I can tell you what the rule is under UK law, it won't be much different under Irish law - up to you

Customer:

the uk rule it is not so different like Irish law or Europe law ? I'm not the expert...u have to tell me

Ben Jones :

no it's not, can you wait for around 30 mins for me please, I was just going offline when you caught me but will be back shortly and can answer then

Customer:

Ok you are grate...take your time

Ben Jones :

Hi again, so just to clarify what happened - you had holiday booked but the day before going away you took a day of sick?

Customer:

yes

Ben Jones :

was it a genuine sick day?

Customer:

I work in a environment of -25 degree, I don't now what is the genuine of sick day but probably is high?

Ben Jones :

well what was the reason for going off sick - you were unwell for real rather than faking it?

Customer:

what you thigh I was well or unwell my illness don't ask me u are well or not.....

Ben Jones :

I don't understand what you are trying to say, were you ill or were you not?

Customer:

yes I was ill

Ben Jones :

ok it is certainly not illegal to go off sick, even if it is before you were due to go on holiday, as long as it was a genuine sickness. If you are ill then you are ill - you cannot help that and that is what sickness absence is for. So it is perfectly legal to take a sick day if it is needed, even if you are due to go off on holiday afterwards

Customer:

ok thank you for you helpping

Ben Jones :

you are welcome, all the best

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