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Sick Pay and Sick Leave
In general the matter of sick pay is not covered under employment
rights legislation. A policy on sick pay and sick leave in individual
organisations may be agreed as part of an employee’s terms and
conditions.
Where an Employees Contract of Employment includes a right to a sick
pay entitlement as part of the terms of employment, a right to sick pay
exists under contract law. If it is the norm for employees to be paid
when absent through illness, a right to sick pay entitlements may be
established through custom and practice.
The Terms of Employment (Information) Acts 1994 & 2001 provide
that an Employer is obliged to provide an Employee with a written
statement on the terms or conditions relating to incapacity for work
due to sickness or injury.
