# Sick leave for depression



## johnpdolan (16 Feb 2014)

I am suffering with very severe depression and I now need to take time out to try and get better. This means not working. I would like to know what my rights are with my job. I am one year with company. I am not worried about pay but I would like to have a job to return to when I am well enough. Can someone help me


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## huskerdu (17 Feb 2014)

Here is some useful information from the government information website on your rights and your employers rights during sick leave.

 You need to visit your GP and talk about this, as you will need a doctors certificate in order to take sick leave.

 Good luck  and I hope you get better soon. 

http://www.citizensinformation.ie/e...conditions/leave_and_holidays/sick_leave.html


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## johnpdolan (17 Feb 2014)

Thank you for help and wishes 
The biggest thing I am worried about is would there be a possibility that they will keep a position for me at work after I take time away. I will probably have to spend time in hospital as things are not at all good for me and I would like to have something to coneback to when I get better


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## Brendan Burgess (17 Feb 2014)

Are you able to talk to your employer openly about it? 

In general, you can't be dismissed for being genuinely ill. 

However, if it was very long term, I think that the employer would be fair enough in questioning if you were going to return and if you were going to be able to do the job. 

You can't just opt to take time off. The doctor would have to certify that it was medially necessary. 

I suggest: 
1) Find out what the doctor recommends. 
2) Have a chat with your employer - most employers are symptathetic while also bearing in mind that they have a business to run. 

Brendan


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## johnpdolan (17 Feb 2014)

Thank you Brendan


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## Sue Ellen (17 Feb 2014)

Hi John,

Along with visiting your doctor and talking to your employer it might be as well to also have a chat with [broken link removed] to familiarise yourself with your entitlements.

Look after yourself and hope you make a full recovery.

Sue Ellen.


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## johnpdolan (17 Feb 2014)

Thank you sue Ellen I will do that


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## RainyDay (24 Feb 2014)

Disclosure of a mental health condition, or any disability indeed is a complicated area. The suggestions above about being direct and open will generally work well with good employers. But with not-so-good employers, this approach could hurt you in the long run.

Your employer is legally barred from discriminating against you because of any disability. Mental Health conditions like depression are types of disabilities. However, it can be very difficult to prove discrimination, and even if they do, it can be very difficult to get any  compensation for discrimination.

If your absence is going to continue for a substantial period, your employer would generally be legally entitled to dismiss you, as you are not doing the job. Here's some further reading:

[broken link removed]
http://www.independent.ie/lifestyle...-mental-health-in-the-workplace-29970546.html
http://www.equality.ie/Files/Equality and Mental Health - What the law means for your workplace.pdf

In general, the best advice may well be for you to do what it takes to get on top of your condition. If this requires an in-patient stay, go for it, and get a cert from your doctor. If the worst comes to the worst, you'll be in a much better position to deal with employment issues at a later stage. 

Also, make sure you are in control of your own treatment plan. Some docs may rush into hospitalisation or over-medication. Talk to support groups or others with your condition to help you to get to grip with your situation.

Best of luck with it.


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## mtk (2 Apr 2014)

First of all good luck with treatment

You have been given some good links above.

I think you need to be careful what you disclose and to whom
A manager may not behave as they should .,,,,,
Hopefully a hr person might be more clued in ..,,

If you do go on sick leave make sure u follow the procedure on notification etc, 

God bless
Mtk


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## Deas (3 Apr 2014)

The fact is you are ill.  If you are medically signed off be it for a broken leg or depression, the treatment by the employer should be the same.  As advised, speak to your employer and get the treatment you need.


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## Purple (3 Apr 2014)

Good posts above, especially from RainyDay.
I'll just add that you should not assume your doctor will know the first thing about employment rights etc. They will be giving such advice, assuming they give any, as a pay person, not an expert. 
If you don't feel up to reading up on your rights then ask a family member or friend you trust and think will be capable to do so for you.


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## johnpdolan (3 Apr 2014)

Thanks everyone


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## midleton (4 Apr 2014)

*John*

Like the others I am sorry to read your not feel well.  Your doing the right thing firstly in going for help which is more important...your health comes before everything.  From the replies you have had think about not disclosing to your employer what is actually wrong ... I am not saying hide it but depending on how understand your employer is do you need to tell him the detail at the moment cos its your personal business.  Talk to your GP and tell him all you have said here.  Explain your work worries.  You could tell your employer for the moment that you have I don't know......a virus of some sort ...just to give yourself breathing space and until you have answers about entitlements.  My husband is off work at moment due to accident and he got initially a cert from GP sent it to social service office and was given illness benefit of €188 a week taking into account my meagre wage due to recession.  He gets a cert weekly from GP and gets a letter for work that we send to HR dept and I put in a note just to keep them in the loop not giving detail but just saying he has appoint with a consultant or physio....just so they know its genuine as you are too.  Its scary for a while but you have to do what you have to do.  Go at your pace nobody elses not your employer or pals.  Once your in the system of social welfare and your being treated by doctor and your feeling less stressed and worried about work etc well then you will have time to think the next few month through and make decisions what best to do or what to tell employer then.  Don't put yourself under undue pressure....and you will be fine do not worry.  There are many many people feeling as you do now so your not alone ... none of us are.  Good luck and hope you feel great very soon.


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