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i have asked for 3 months leave of absence next summer from

 
Buachaill's Avatar
  • Answered by:Buachaill
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i have asked for 3 months leave of absence next summer from my factory job and been refused even though i said i would come back on a minimun wage i am with them for 8 years and am 59 yrs old.i have suffered from depression for 15 yrs and feel i need a good rest

 

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State/Country relating to Question: Ireland

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Submitted: 490 days and 1 hours ago.
Category: Republic of Ireland Law
Value: 34 €
Status: CLOSED

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Expert:  Buachaill replied 489 days and 20 hours ago.

1. Under the Equal Status Act, any discrimination on the basis of disability is prohibited in Ireland. This principle applies to employment situations just as it applies to other situations. In your case, if your doctor will agree that taking a rest is a good idea for your depression, then your employer is prohibited from discriminating against you on the basis that you need time off to ensure you do not have a recurrence of your depression, or to ensure it does not happen again. This means that you would have to be let back into your existing job on the same terms and conditions as exist today - without you agreeing to accept a minimum wage so you can come back. In this mechanism, you will be able to take time off for 3 months next summer. Essentially, your employer is prohibited from discriminating against you on the basis of your depression, which is a disability, merely because you want 3 months off next summer to have a good rest so that your depression does not recur.

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Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2777
Answered: 12/7/2011

Experience: Barrister 17 years experience

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