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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10175
Experience:  Barrister 17 years experience
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Hi, I was recently diagnosed with a stress disorder after

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Hi,

I was recently diagnosed with a stress disorder after a bereavement in the family. Following medical advice, I was forced to withdraw from any stressful activities while I was being treated.

I work as a software/systems engineer and up until Mon 27th May I had been continuing to work as normal. On Monday I was unable to go to work and have not been since.

The MD of the company is well aware of my current medical situation and has been since I was first diagnosed. I appreciate this is not ideal for him but I have offered him a doctors note explaining things.

My problem is that he is now withholding my wages, without notification/agreement to/with me. I worked 3 out of four weeks this month so I am definitely due some payment.

My contract is the standard engineering fixed salary - no overtime type contract (I can forward you a copy should it be nesessary), but I'm sure there must be some provisions in the employment legislation to protect employees whilst on medical leave.

Any help/advice you can offer would be greatly appreciated.

Regards,
Fintan

1. At the outset, unless your employment contract provides for sick pay, there is no legal entitlement under employment legislation to sick pay when you are off sick from work. Accordingly, if you wish to successfully claim sick pay, it must be written into your employment contract. However, as I understand your Question, you are due payment for the 3 out of 4 weeks you worked this month. An employer is not entitled to unilaterally with-hold an employee's wages. So I would suggest that you formally write a letter to the company querying why you have not been paid the money due to you. Take this letter to the company payroll office and hand it in if you do not get satisfaction about why you have not been paid. If your employer refuses to pay you, then you can take a case before a Rights Commissioner seeking payment of any unpaid wages. A direction to the employer to pay will be issued and you can then enforce that against any company property if it is not followed.

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