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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Hi, I am after been signed off on work related stress. What

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Hi, I am after been signed off on work related stress. What pay am I entitled to? Or how does this affect my references etc if I leave my place of employment or equally if I go back to work?

1. At the outset, there is no automatic entitlement to sick pay in Ireland. In order to be successfully claimed, sick pay must be provided for in the employment contract. Accordingly, you should look at your employment contract to see if sick pay is provided for. Secondly, you may be able to make a compensation claim for loss of earnings if you can show that it was your work which caused your illness. Here you should negotiate with your employer and if your employer is not willing to grant you recompense for loss of earnings, then you should see a solicitor and consider taking proceedings for loss of earnings and compensation for personal injury suffered at work.

2. Whether you are sick or not will not affect your references. Nor will it affect you if you go back to work. That is purely your own decision.

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Customer: replied 4 years ago.

In relation to if I do not return to work - will it effect my reference? Or am I entitled to any benefit of the state?

2. If you do not return to work, it cannot affect your reference. It would be contrary to law and actionable if an employer made any reference to any sickness you may have had whilst working there. Secondly, you would be entitled to Disability Benefit or Disability Allowance from the State if you are unable to work.
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