Employee/Worker Rights

[sdawkcab]

Waiz d scene people? Right now my nephew going through a lil scene with work here, regarding sick leave and I trying to get some sound information for him, but I realise it really don't have much resources online to help with this. Tried looking for my answers in the Industrial Act and Labour laws, but really can't seem to find it in those poorly laid out pdfs. So I figured I might ask allyuh here.

D scene is, he was ill Friday and didn't go out to work, was off weekend because he's not required to work weekends (unless he gets called out, and it's not mandatory), but due to some antibiotics he taking, get bad back pain over the weekend and he decided to see d doctor again on Monday, so he missed Monday. They telling him that he needs a sick leave and fit for work to work Tuesday. Are they in the right here, and why?

But, on another note, I realise since it have a lack of such resources, I figure is a good idea we start one. So people can use this thread to query their rights, or just get advice from knowledgeable people here. I sure it have some HR people who might be willing to enlighten d rest of we. This could be a lil knowledge base, or resource thread.

So, anyone with any other questions, feel free to ask dem nah.

[SMc]

That seems like quite a broad request- first thing would be to check his contract or company policy as it varies greatly from place to place on what the protocol is.

[hydroep]

As far as I know as long as you miss more than two straight days of work you need a sick leave. Looks like they're counting the weekend hence the request.

You can probably call one of the Labour Unions and explain the situation, they may be able to give you some free advice. I did so a few years ago when my employer was playing up in he arse and got some useful info. (and no, I wasn't a member).

[Strugglerzinc]

Wife works in a Govt office and in such a situation, you need medical for 4 days, however, only 2 days are used from the sick days allotted.

Theory is that you shouldn't get sick Friday, feel better Sat+Sun, then get sick again on Monday.

[ADONI]

As far as I know as long as you miss more than two straight days of work you need a sick leave. Looks like they're counting the weekend hence the request.

Same where I work as well..

[Chimera]

if he went to see the doctor and taking antibiotics....
how hard it is to actually get the sick leave..........

[sdawkcab]

He got the antibiotics before staying home on Friday. He says the back pain was always lingering before the weekend, but got worse on the weekend, and by Sunday it was too intense, so he decided to see the doctor about the back pain today. The doctor didn't charge him, and said it's due to his infection and just recommended OTC drugs for the pain. He left the doctor and only afterwards did he learn that they wanted a sick-leave.

My thing is, yes sick leave is required for more than 2 days of absence, but if you're not supposed to be working on weekends, why count it? Him being sick Fri and Mon may be totally unrelated. I can understand if the company thinks someone is trying to pull a fast one, but what does the law state? What is his right?

We tried contacting T&T Workers Association for some advice, but no responses on their phone line.

[v.ramdhan]

The Conciliation Unit of the Ministry of Labour and Small Enterprise Development, should be able to assist you

Conciliation Unit's offices are open Monday to Friday, from 8:00 am to 4:00 pm, except public holidays.
Conciliation Unit
Level 6,
Duke Place
50-54 Duke Street
Port of Spain
Trinidad, West Indies
Tel. (868) 299-0300 Ext 2124
San Fernando
40-42 St. James Street,
San Fernando
Tel. (868) 652-1062 or 652-1056

[sdawkcab]

Thanks Ramdhan

[MaxPower]

Trinis usually call in sick on Fridays and Mondays....nice stretch yeh?

No need to give the sad story with the back pain, i think thats the first excuse on Page 1 on the Book of Lazy Trinis..We’ve heard it all, and the avenue as well..hehehehehehehehehhhhhehhehehehhhehhehehhehehhehehhhehehe

But hey! hope you find a quack to doctor your sick leave.

[bossmann]

Wife works in a Govt office and in such a situation, you need medical for 4 days, however, only 2 days are used from the sick days allotted.

Theory is that you shouldn't get sick Friday, feel better Sat+Sun, then get sick again on Monday.

This is how I know it to work in most places. Sometimes it's also required if you fall "ill" before or after a holiday.

[sdawkcab]

Well he'll have to deal with that however, but he cannot afford a sick leave, and I doubt he can find anywhere open to do it at this moment. He'll be going to work tomorrow in back pain.

People can say what they want, but I know he's suffering with something, and the antibiotics are having a negative effect on him, and he has 13 days remaining of taking it. Could care less if anyone believes or doesn't believe. It is what it is, but just because you're born in Trinidad doesn't automatically make you a scamp, or someone with no integrity.

[viedcht]

Wife works in a Govt office and in such a situation, you need medical for 4 days, however, only 2 days are used from the sick days allotted.

Theory is that you shouldn't get sick Friday, feel better Sat+Sun, then get sick again on Monday.

This how I know it

[Gem_in_i]

He should stop taking it if it is affecting him negatively. Why continue for 13 more days...

[Gem_in_i]

Is it private or govt? Tell him check HR Dept

[Chimera]

he should go back to the doctor or go to another doctor and get different antibiotics

[Drea]

Well he'll have to deal with that however, but he cannot afford a sick leave, and I doubt he can find anywhere open to do it at this moment. He'll be going to work tomorrow in back pain.

People can say what they want, but I know he's suffering with something, and the antibiotics are having a negative effect on him, and he has 13 days remaining of taking it. Could care less if anyone believes or doesn't believe. It is what it is, but just because you're born in Trinidad doesn't automatically make you a scamp, or someone with no integrity.

From an HR perspective:
The company is within their rights to request the sick leave (imo the fit to work is a bit excessive, unless they previously had attendance problems, but still within their rights to request)

Secondly, if he went to the doctor before wasn't he going to pay? And the doctor didn't charge him, then lets hope the doctor issue the sick leave for free too... A sick leave can't cost more than a doctors visit.

At the end of the day if he knows he's sick get a legitimate sick leave from a doctor indicating the problem and give it to the employer. Whats the sense going to work if you are not well. Employers are already wary of the carnival season and absent workers, no need to paint yourself a target with sporadic absences.

[Strugglerzinc]

Well he'll have to deal with that however, but he cannot afford a sick leave, and I doubt he can find anywhere open to do it at this moment. He'll be going to work tomorrow in back pain.

People can say what they want, but I know he's suffering with something, and the antibiotics are having a negative effect on him, and he has 13 days remaining of taking it. Could care less if anyone believes or doesn't believe. It is what it is, but just because you're born in Trinidad doesn't automatically make you a scamp, or someone with no integrity.

Whichever doctor he visit should issue the sick leave, just tell them the situation.

He becomes a scamp or someone with no integrity if he now tries to make up a sick leave not so?

[Gladiator]

Waiz d scene people? Right now my nephew going through a lil scene with work here, regarding sick leave and I trying to get some sound information for him, but I realise it really don't have much resources online to help with this. Tried looking for my answers in the Industrial Act and Labour laws, but really can't seem to find it in those poorly laid out pdfs. So I figured I might ask allyuh here.

D scene is, he was ill Friday and didn't go out to work, was off weekend because he's not required to work weekends (unless he gets called out, and it's not mandatory), but due to some antibiotics he taking, get bad back pain over the weekend and he decided to see d doctor again on Monday, so he missed Monday. They telling him that he needs a sick leave and fit for work to work Tuesday. Are they in the right here, and why?

But, on another note, I realise since it have a lack of such resources, I figure is a good idea we start one. So people can use this thread to query their rights, or just get advice from knowledgeable people here. I sure it have some HR people who might be willing to enlighten d rest of we. This could be a lil knowledge base, or resource thread.

So, anyone with any other questions, feel free to ask dem nah.

Yes the employer is right here.... staying home sick on Friday and Monday means you were sick for 3 consecutive days technically. Therefore a sick leave is required.

[skylinechild]

That seems like quite a broad request- first thing would be to check his contract or company policy as it varies greatly from place to place on what the protocol is.

^^^^ THIS

Theory is that you shouldn't get sick Friday, feel better Sat+Sun, then get sick again on Monday.

^^^ THIS

The Conciliation Unit of the Ministry of Labour and Small Enterprise Development, should be able to assist you

Conciliation Unit's offices are open Monday to Friday, from 8:00 am to 4:00 pm, except public holidays.
Conciliation Unit
Level 6,
Duke Place
50-54 Duke Street
Port of Spain
Trinidad, West Indies
Tel. (868) 299-0300 Ext 2124
San Fernando
40-42 St. James Street,
San Fernando
Tel. (868) 652-1062 or 652-1056

THIS !!!

i will also be using that last bit of info myself.

[philliprock]

Dude ive unfortunately had some crappy jobs most likely in retail,

the pay is horrendous, they pretend to help you, only to backstab you (management/co workers)
No overtime, even tho you worked.
Ive joined the work force as soon as I left secondary school in 2010... people in this country are so hypocritical but least likely to help you.. well from what I know. .. my pay is $650 per week in 2017 its hell to get by in life

[A33_VQ35]

Generally if u sick on a Friday and a Monday regardless of whether u work weekends u need a sick leave where I worked. So they within their rights to ask 4 one. Unlikely he could win that case. Fit 4 work is excessive n imo only used when u have a long term sickness like dengue, chicken pox, n the likes. But again, no laws broken AFAIK in asking 4 1. My 2c, go back to original doc from Friday n get 1 for the 4 days.

[A33_VQ35]

Rule of thumb, don't get sick Fri n mon because u could find yourself losing 4 days sick leave easy easy...

[racedriverpro]

Once the employee is absent for more than two consecutive working days a medical is generally required even if the employee is within normal sick leave (14 days per annum or contract year).

If the employee is absent in excess of alotment a Medical is required for any further absences. Most likely not his case.

Private or Public?

[Drea]

Rule of thumb, don't get sick Fri n mon because u could find yourself losing 4 days sick leave easy easy...

Incorrect, sick leave is not calc consecutively with weekends if not required to work. Only the Fri and Mon would be deducted from allotment.

And for those saying check the contract it isnt always stated there, may also want to take a look at the company's HR manual.

If its a manual job rather than an office setting i can kind of understand the request for a fit for work, as you don't want a worker who has complained of back issues becoming even more injured on the job and the company gets hit with a injury claim.

[hong kong phooey]

Waiz d scene people? Right now my nephew going through a lil scene with work here, regarding sick leave and I trying to get some sound information for him, but I realise it really don't have much resources online to help with this. Tried looking for my answers in the Industrial Act and Labour laws, but really can't seem to find it in those poorly laid out pdfs. So I figured I might ask allyuh here.

D scene is, he was ill Friday and didn't go out to work, was off weekend because he's not required to work weekends (unless he gets called out, and it's not mandatory), but due to some antibiotics he taking, get bad back pain over the weekend and he decided to see d doctor again on Monday, so he missed Monday. They telling him that he needs a sick leave and fit for work to work Tuesday. Are they in the right here, and why?

But, on another note, I realise since it have a lack of such resources, I figure is a good idea we start one. So people can use this thread to query their rights, or just get advice from knowledgeable people here. I sure it have some HR people who might be willing to enlighten d rest of we. This could be a lil knowledge base, or resource thread.

So, anyone with any other questions, feel free to ask dem nah.

Most companies require a sick leave if you miss more than 2 days in a row .
If your nephew went in and told them he has back pain or he on antibiotics well i could see why they require a fit for work.

normally with all companies if you have a good relation with them they probably won't require the sick leave .
But you have to consider if he had called on Friday and let them know he was not coming in they probably could have called someone else out or worked short and put more strain on the other employees
Same goes for Monday and Tuesday . so staying away 3 days cost the company 6 extra day pay or a lot more pressure on their other employees.

[airuma]

I am no HR or Industrial Relations expert but staying home Friday and then Monday with the reason being that you are sick represents 4 consecutive days of BEING SICK, which in my view is a good reason for the employer to ask for the fit to work... ensure that the responsibility for any exaggeration of the illness is allocated to the doctor. Staying home Friday and Monday represents 2 consecutive work days and afik, more than 1 day sick requires a sick leave.

Apart from that..... antibiotics are for bacterial infections afik, and should not be taken unnecessarily.

[88sins]

Secondly, if he went to the doctor before wasn't he going to pay? And the doctor didn't charge him, then lets hope the doctor issue the sick leave for free too... A sick leave can't cost more than a doctors visit.

This speaks volumes to how Trini's nowadays think.

First off Drea, a sick leave certificate is NOT something you pay for/buy. It is a medical practitioners written opinion of if they believe a patient's health or condition would improve with time off from work. If you see a dr & didn't get a s/l when you left & when you return to ask for it they say you have to pay for it, you didn't see a dr., you saw a hustler with a stethoscope.

OP, from a legal perspective theperson in question has to provide a sick leave. He failed to report for duty on 2 consecutive days that he was supposed to & claimed to be ill for a total of 4 consecutive days. if he fails to report for duty for a 3rd consecutive day that he is rostered to work, & does not provide a s/l his employer can terminate his employment because he would basically been deemed to have abandoned his employment, that is, unless he has a contractual agreement with them stating otherwise.
The fit to resume duty certificate is also necessary, to protect both the employee, his co-workers & the employer. If he has an incurable but manageable physiological condition that can be worsened by certain types of work, his employer would need to know this since his functions at his position could exacerbate his condition & possibly jeopardize his health further, or the lives/health of other employees, or, in a worst case scenario, the company itself could be held liable for any or all injuries that occur with him or as a result of his worsened condition causing a mishap that injures other workers.

Rule of thumb, don't get sick Fri n mon because u could find yourself losing 4 days sick leave easy easy...

Incorrect, sick leave is not calc consecutively with weekends if not required to work. Only the Fri and Mon would be deducted from allotment.

A dr. will write a s/lrecommending 6 days, effective from thursday the 11th to Tuesday the 16th. thats a total of 6 days, including wknd days of the 13th & 14th. If you leave out those 2 days & reapply them to weekdays of the next week, the employee would be taking a total 8 days as opposed to dr's orders for 6 days.
What happens in many companies is that they only deduct from the allotment the days the employee would have actually had to report to duty. This practice is usually maintained in order to show goodwill to the employees, & is usually done because those sick days that fall on the wknd where the employee would not have been required to work wouldn't have cost the company anything by way of salaried leave. But legally weekends are supposed to be deducted from any sick leave allotment available, once a certificate that includes those weekend days, & there's quite a few reasons why they are, one being the following...
2 weeks paid s/l is 14 days, inclusive of 4 weekend day. Now when you ignore those weekend days & reapply them to weekdays only you end up with a total of 18 days leave, meaning that's 4 additional days the employer is paying the employee for if they utilize them when they do not show up to work. Thats's more than required by law & in some ways promotes abuse of s/l. & this is exactly why sick leave is one of the most abused forms of paid leave in this country. Sad to say, employers unknowingly set the precedent, & some lazy employees ran with it.

[Monkey Man]

Well hear the reeeeeel scene nah pal. Yuh padna abandon the work.
He lucky they aint run he mc

[sMASH]

If the man contagious, he could well spread a disease. If his injury isn't sufficiently healed, he could become more injured and put the job and others at risk,not he returns to the workplace and not FIT FOR WORK.
Be fair to the company nah, try have a business to run and need competent people to run it. If padnah don't like the wuk or can't handle it, let him find sumting else, let somebody else more appreciative get the chance.


For youthman inform the company of his absence prior to his absence, so that they could make manpower and logistic arrangements?

Did he keep them informed of his situation so they can plan their work?

Trinidad doesn't have a standard protocol on these things, so companies go by industry standards. If the hr policies don't have anything (which all employees neeeeeed to be familiar with) then just be be fair to the company. And glad u have a wuk