Can an Employee go off Sick While Suspended from Work?

Posted in : First Tuesday Q&A NI on 9 May 2024
Chris Fullerton
Arthur Cox NI
Issues covered: Sick Leave, Suspension from Work

Facing suspension from work can be an incredibly stressful and uncertain time for employees, particularly when they are subject to an ongoing investigation into alleged misconduct. Therefore, it is not uncommon for the employee to take sick leave during a period of suspension. This can create a difficult situation for employers, who must strike a balance between their duty of care to the employee and the need for a fair and thorough investigation to be conducted without undue delay.

Whilst this can be inconvenient and frustrating for employers, employees have the right to take sick leave even when they are suspended. Whilst suspended, an employee is still subject to the terms and conditions

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Back to Q&A's This article is correct at 09/05/2024

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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