First published: August 27th 2014
Last updated: April 28th 2023
Time off for Medical Appointments: What Employers Need to Know
Do I need to pay staff for doctor's appointments or should they book appointments on their own time?
As a general rule, there is no statutory duty under Irish employment law compelling employers to pay staff for any working time they use to attend appointments at the doctor or dentist, or any other medical-related meeting.
In essence, if the employee is not at work, there is no obligation to pay them.
What does the Contract of Employment say?
Before confirming how you treat this time off however, make sure to check your Contracts of Employment.
Many employers provide various perks to retain and reward employees. If your staff have a contractual entitlement to be paid for time taken off for medical appointments, ensure you comply with the terms of your own employment contract.
What do the Employee Handbook and Company Policies say?
Now that Statutory Sick Pay is in force, all employers need to ensure that they have a sick pay policy in place that complies with this new employment law.
A sick pay policy is the most appropriate place to confirm your position on payment for time off to attend medical appointments.
As mentioned above, there is no law requiring you to pay staff for working time they take to attend medical appointments. It’s just important to confirm your position (i.e., whether the time is paid or not) in writing to minimise the chance of misunderstandings and to ensure you always deal with this scenario in a consistent manner.
Custom and Practice
Another consideration is custom and practice within an organisation. If you have always paid employees for time off to attend medical appointments, the practice is likely to be deemed an implied term of the employment contract and all staff should receive this entitlement to avoid claims for unfair treatment.
Ante-Natal Appointments
What About Ante-Natal Classes? A pregnant employee is entitled to take time off work with pay during regular working hours to attend their ante-natal appointments. This right applies regardless of the length of service, the size of the business, or the number of hours worked per week by the employee. This right also extends to traveling time and waiting time in connection with the appointment, not simply the time spent at the appointment. Ante-natal care can include relaxation and parent-craft classes. It’s not limited to medical examinations.
Requirements for Ante-Natal Appointments
Other than for the first appointment, the employee must provide at least two weeks’ notice of their appointment unless there are exceptional circumstances that make prior notice impossible. The employee must produce a certificate confirming that she is pregnant and an appointment card (or similar document) from a registered medical practitioner, or a registered midwife, showing that an appointment has been scheduled.
Rights of Fathers in Ante-Natal Care
Most employers are unaware that fathers also have the right to paid time to attend ante-natal classes. Fathers are entitled to paid time off to attend the last two ante-natal classes before the birth of the child.
Advice for Employers
If you’re unsure about how to handle time off for medical appointments, call up one of our HR experts.
You’ll reach us at 1800 719 216
