Monday, 22 June 2015

Sick leave days

Q: Do the days on a sick leave note include weekends and public holidays?

A: Yes, sick leave includes weekends and public holidays.

For example, if the doctor gives you 4 days sick leave from Friday, it will NOT be Friday, Monday, Tuesday, Wednesday; it will be Friday, Saturday, Sunday, Monday. 

79 comments:

Anonymous said...

Hi good afternoon, is there any law that governs how much you should be paid, based on your qualifications and experience?

Anonymous said...

Good day, I was sick over the weekend, but got suspended even though I gave them a sick leave. Can they still deduct 2 days pay from my salary even though they got a sick leave from me for the 2 days.

Trinbago Rights said...

How could you be suspended for being sick? Something's missing from this story.

Antonio Figuero said...

Hi,
I need a bit of advice please.

I started working at this company back in 2009 full time, then changed to part time in 2010. In December 2014, I started a new full time position at the same company. I have never received a contract at this company. However, in December 2014 I received a ‘draft’ contract – it has a huge watermark in the middle of every page labelled ‘DRAFT’. It outlines the terms and conditions of my employment. It is not signed by neither myself nor my employer.

Since December 2014 I only applied for one day off (sick leave), up until October 2015. I took a day off on October 1st, which I notified my supervisor a month in advance. I applied for that day as Personal Leave. I also applied for another Personal leave on October 21st. The supervisor approved the request for both. However, the HR Manager is informing me that I need to reapply for the days off as Vacation Leave since I do not have any Personal leave because of a clause in my ‘draft’ contract.

The clause states:
“Personal Leave: a) You become eligible to be considered for Personal leave from duty only after you have successfully completed the probationary period.
b) Personal leave from work may be granted with the prior approval of the Supervisor and the Human Resource Division and shall be deducted from the annual vacation leave entitlement.
c) After a successful probationary period, you will be eligible for six (6) Personal leave absences from work per twelve (12) month period of work and these shall be deducted from your accrued vacation leave.”

When I started back in 2009 as full time, I had 6 personal leave days per 12 calendar months. It was taken away when I went to a part time position. I am now back in a full time position.
I did not apply for the days as vacation leave as HR advised and informed her that the terms of the ‘draft’ of the contract is null and void because 1. It is a draft contract. 2. It was never signed by either party. Therefore, I am left to assume that the rules of the company are to be adhered to.

In the company policy handbook it states under the section ‘CASUAL LEAVE’ (Note it does not refer to it here as Personal Leave. Personal Leave only exists on the Leave of Absence application form)

“Casual Leave: Casual leave is defined as paid leave of absence not exceeding four (4) work hours per pay period which may be granted to you as an employee solely on the discretion of your department head for any urgent reason acceptable to your department head. Department heads shall place the interest of the department foremost in making decisions of this nature. Employees who in the opinion of the department head abuse this privilege may forfeit further extension of casual leave. It should be noted that casual leave is unaccumulative which means that unused casual leave may not carry over to a new pay period. N.B. Any employee who utilizes not more than 2 sick days and 2 period casual leave per year will be entitled to schedule 4 days with your annual vacation leave.”

I appreciate any assistance you may be able to provide on how I can handle this situation.

Thank you for your assistance.

Trinbago Rights said...

Contact:
https://www.facebook.com/ttworkersassociation

Kristen G said...
This comment has been removed by the author.
Trinbago Rights said...

You're grasping at straws. Firing, or even trying to get rid of this employee would get you into trouble if she's smart enough to visit a union.

Kristen G said...
This comment has been removed by the author.
Trinbago Rights said...

1. No

2. 14 days sick leave is allowed - using all of that is considered excessive, unless circumstances require full use

Unknown said...

I know this is unrelated to the post, but is there an article here that address employee and employer rights when it comes to an employee leaving the job?

Trinbago Rights said...

Send me a private email.

Unknown1 said...

Good day,

My employer wants to deduct a day's pay from employees who were ill before and after a public holiday. The employer requires that the employees present a medical certificate in order to get paid for the holiday. The employees are monthly paid and have applied for their sick leave on their return to work.

Can the employer deduct a day's salary? Thank you.

Unknown1 said...

Good day,

My employer wants to deduct a day's pay from employees who were ill before and after a public holiday. The employer requires that the employees present a medical certificate in order to get paid for the holiday. The employees are monthly paid and have applied for their sick leave on their return to work.

Can the employer deduct a day's salary? Thank you.

Nikki James said...

what does the law says on wage deduction without prior notice. I am a permanent employer of 4 years with this company I went on vacation using up my 15 days but while on vacation I ended up seeking medical attention in NY where scan and mri had to be done. I then had to await results which took 5 extra days. I call the employer and advise them. upon my return it was stated I they would use the remaining sick days I had on file to cover the 5 days extra. a letter was given to me to sign which stated that I no longer had sick days to use and that any future das would be deducted. following which 2 months since my return I took a day as I had some challenges and saw very stressed out. when I received my pay slip I realized that I was deducted for the day. when I asked the manager why I was deducted without being told he said it skipped him and the deduction remains. is this legal?

Trinbago Rights said...

You were forewarned when you got back from vacation... why are you saying you weren't told?

Nanz Harewood said...

Is there a specific about of sick days allotted to employees in an NGO by law? Or is it just what is stated in your contract which is up to the discretion of the employer?

Nanz Harewood said...

!Hello!
I have 3 questions - I hope its not too many at one time:

Can an NGO company force you to apply for a week "sick leave" because you took one sick day (Tuesday), left 2 hours early to go to the doctor the following day (Wednesday) and left half-day on the next day(Thursday) (the Friday was a holiday and the Monday was a normal full 8 hour working day).

Also, would they be able to tally the hours from 3 different days to make up 1 day no pay?

If you took half day (Christmas eve-approved by the manager in the absence of the coordinator) could the coordinator take it out of your monthly pay because she did not approve it?

Trinbago Rights said...

1. No

2. The deductions will be lawful if you exhausted your sick leave entitlement. You should have 14 days.

3. Illegal deductions are just that... illegal.

Trinbago Rights said...

Depends on your salary. $15-22.50 /hr is automatic 14 days by legislation. Over that, it should still be 14 by industry standard, but harder to enforce.

Nanz Harewood said...

WRT the half day on Christmas Eve - I still had an entire week and a half sick leave. However, it was stated that sick leave can only be taken when an employee is actually sick (although there are no casual days, bank days etc) any other day has to come out of ur 10 day annual vacation (which I don't yet qualify for since I've only been working 8months). But in this case she is upset that a half day was taken and wants to prove a point so she said she will deduct it from my monthly salary. So she can't deduct half days pay? Can I just apply for it as a sick day and she'd be forced to give me??

Danni Raj said...

I am a permanent government worker for the pass 7 years. i used up my vacation entitlement and passed my sick leave entitlement so they stopped my pay and placed me daily paid sheet. how long can they keep me on daily pay legally?? because of this i can't get no job letter and this is restricting me from doing personal business. i have been working 6 months without taking any sick leave.

Unknown said...

Good day,

I have been working at company for almost 5 years. We are given 1 sick leave per month. Is this right?

Trinbago Rights said...

No.

Syr Pand said...

What kind of leave is it when time off is taken for a sick child out of the country? and how many days leave should this be? Is it a legal entitlement?

Trinbago Rights said...

No legal entitlement... can be classed as compassionate leave.

Saint Rose said...

good day-
can employer stop your pay if you are on sick leave. I went to their doctor who gave his OPINION but i am on leave still cause of serious pains i am experiencing still. They said they would stop my pay but also withheld my MRI scan for over 2 months and made demands for me to visit my doc and get clarification as to why i am experiencing pain

Wonderer said...

Is ut legal to request a medical certificate for being sick for 2 days?

Onella Narine said...

Is it the law in for employees to work the day before a Holiday & the day after in order to be paid.

Trinbago Rights said...

To be paid for what?

Dani Khan said...

I'm a single parent and my son was ill for the first 2 working weeks of this year. My company send me a letter in April stating that I've got only 3 days left in my sick leave and if any more days are to be taken they'll take it from my vacation days & when those days are exhausted I can then apply for "no pay leave". I got sick last week and took days, now I have one sick day left. I sent an e-mail requesting it as no pay leave it was denied. I need to know if is it possible for them to use my vacation days as sick days later in the year?

Mzzsapphy said...

Hi good day I has a problem Im working with a company almost six months now,i was injured on the job which I reported but nobody seems to care so now that Im on sick leave I was told I won't be getting paid for it....is that the correct procedure? If not what's the correct procedure?

Abigail Harewood said...

Is their any law that states an employee must work the day before and after a public holiday in order to be paid for the holiday?

Andrea said...

Hello, i took 2 consecutive days of sick leave on Wednesday and Thursday. But according to my roster i am off on Friday....... Am i suppose to go to work on my day off because of taking 2 days before it?

Trinbago Rights said...

No

Trinbago Rights said...

No

Anonymous said...

Good day. My normal working hours are from 8am to 4pm. If I take a half day business leave in the morning and come in to work for 1-4pm but then have to work extra from 5-9pm, am i eligible to claim overtime?

Van123 said...

Hi I am on six months probation.....I fell on work , damaged my knees and got 2 weeks leave ...does that count as the 14days sick leave or injury leave

Anya Oliver said...

I am a shift worker employed with the government health service. I work a normal 40 hour week as an 8-4 worker in my same position. My concern is this, if my supervisor sets my day-off on a public holiday, am I entitled to an extra day off? This happens all the time where I work the same 40 hours in a week which has a public holiday whereas the 8-4 workers work for 32 hours and ends up with the same salary as I.

NB said...

My employers pay me by cheque ..and after two years of taking time of to go to the bank they have now implemented a rule that I have to encash my cheque on my time (lunch hour). Aren't they suppose to give time off for cashing my salary check because they refuse to pay any other way?

Trinbago Rights said...

They should, but they don't "have" to.

Trinbago Rights said...

Injury leave.

Natasha Charles said...

Hi I have an employee who sent in a sick leave for July 26th-30th. She called me on Monday 1st August and told me she got more sick leave for August 2nd -15th. She is entitled to 14 days . Do I have to pay her for the extra days. I own a small business.

Trinbago Rights said...

Workers are only paid for the entitled leave days... anything beyond that is no-pay leave.

Regis Michelle said...

Hi ive been employed at swrha for the past four years and as of last year they have been deducted monies from our salary whenever we fail to call and notify them of us taking a sick leave! This is being done even though we have sick days available. Let me be clear befoer deducting it we get a letter classifying the day as no pay leave. How can this be done? I took one day full out the form which was enhanced with a call received sectioned.

Trinbago Rights said...

That's a very oppressive practice. Aren't you all unionised?

KATHY R said...

Hi,i took two days from work...cepepe....each day i called the supervisor and let them know i was not coming because i am ill.i went out to work on the third day without a sick leave and they did not tell me anything but told me the following day that i needed a sick leave.i thought that a sick leave is only needed if a worker stays 3 days and more from work.is this correct.is it right that i get a sick leave?

Trinbago Rights said...

Sick leave is required after 2 days.

Anonymous said...

hello, I had applied for two casual days which I got approved however I fell ill two days before and called in sick...would I need a sick leave on my return to work after I stayed home all days.

Trinbago Rights said...

Ask your employer if they require it.

Syr Pand said...

Good Day,
When an employee is being checked for excess absenteesim re:sick leav, do we count the weekends that fell within the sickleave periods - for monthly and do we count the "off days" that fell within the sick leave for shift workers? Or are they not counted when checking for excess sickleave??

Trinbago Rights said...

Only off days.

Anonymous said...

If an employee called in sick for 2 days without a medical certificate is that counted within the 14 days entitlement annually?

Trinbago Rights said...

Yes.

Jessica James said...

Good day if I took a bereavement leave do I have to submit a death certificate.

Jessica James said...
This comment has been removed by a blog administrator.
Anonymous said...

Hi. I have been employed as a driver in a popular telecommunications firm. I am employed on a contract basis through an employment agency. I completed six months of continuous employment and got sick. I received a medical certificate granting me 3 days sick leave. The agency is telling me they won't be paying me for my sick days. Is this legal?

Trinbago Rights said...

What does your contract say about sick leave entitlement?

Anonymous said...

Good day, Can a sick leave day be used for a medical appointment and applied for in advance? For example if an appointment is scheduled for 2 weeks time, can the employer be informed of the intended use of a sick day for the appointment prior to the date of the appointment?

Trinbago Rights said...

Yes

Anderson Baptiste said...

Hi good day if the 14 days sick leave is exceeded and I get sick fandor 4days and present a sick leave am I entitled to get paid for the four days

Trinbago Rights said...

No

Purple said...

If someone exceeded the number of days granted in their sick leave...is that grounds for dismissal?

Jamie said...

What is the Trinidad and Tobago law on bereavement for long term contract government employees?

Anonymous said...

can a company create a policy that states casual days are not to be requested on mondays and fridays

Anonymous said...

Good day quick question. If a doctor made an error with the total amount of days on the sick leave but he still puts the exact date the sick leave is valid too is it acceptable til that date or will the employer only count the amount of days (the error)?

Anonymous said...

Good day how much sick days is required for a sick leave to returned to work..

Anonymous said...

If a worker who has over 20years service develops a lifetime mental disorder what then is the company liability knowing the illness was work related

Trinbago Rights said...

How do you plan on proving this?

Anonymous said...

If you have a medical sick leave for 7 days(incl of the weekend also not normal working days) do you deduct 5 days from your sick leave balance or the full 7

Anonymous said...

no reply here also also would like an answer to this

Trinbago Rights said...

Yes.

Anonymous said...

I was chatting with a couple colleague and it was mention someone from there office took a stress Leave is there suggest a leave existing?

Trinbago Rights said...

Never heard of it.

Anonymous said...

I would like to know (1) if i am going to do surgery and my recovery time is 6-8 weeks would the company pay me my full salary? (2) would i have to use my vacation and sick leave for my recovery time?

Trinbago Rights said...

Why would the company pay two months' salary if you're not at work?

Anonymous said...

Does a worker have to give his/her employer a reason why they want a casual day, is that legally right for an employer to do so...

Trinishy said...

Is it necessary to get sick leave on my off days
even though I had three days sick leave before an called in sick after my off days my boss wants me to add on sick leave

Unknown said...

If the doctor gave me 14 days sick leave but I do not work weekends should the company include weekends and should I be hearing the information from a worker or the managers

Trinbago Rights said...

Weekends included.