(Bill 38 of 2022)
Full title:
Bill entitled an Act to provide that employees shall, subject to certain conditions, be entitled to up to and including 3 statutory sick leave days; to provide that the Minister may, subject to certain conditions, vary the number of statutory sick leave days; to provide that employees shall be entitled to payment, calculated in the prescribed manner, in respect of statutory sick leave; to make provision for the Labour Court, in certain circumstances, to exempt an employer from the provisions of this Act; to provide for the keeping of records; to amend the Workplace Relations Act 2015; and to provide for related matters.
The purpose of this Bill is:
a) to provide for a scheme of statutory sick leave by employers;
b) to cover the existing gap caused by illness benefit waiting days;
c) to set a minimum floor of entitlement for employees who are
unable to work due to illness or injury.
Stage:
The Bill is currently at the fourth stage of Dáil Éireann which is the Report stage. This is when amendments arising out of the third (Committee) stage are considered and debated.
Provisions of the Bill:
Section 1 contains the short title and the commencement.
Section 2 provides for definitions used within the Bill.
Section 3 (1)(2)(3) provides for the Minister to enact regulations for matters referred to in the Bill and enables the Minister to put any subsequent regulations to the Houses of the Óireachtas.
Section 4 provides for expenses incurred by the Minister in relation to this Bill to be refunded out of monies provided by the Óireachtas.
Section 5 provides for an employee to be entitled to sick leave if the employee is unwell on a workday. It also provides for the number of days allowed under the first phase of the scheme and the conditions an employee must satisfy to qualify for the sick leave.
Section 6(1) provides for the variation by the Minister of the number of statutory sick days an employee is entitled to and provides criteria to be considered.
Section 6(2) provides that the number of sick leave days an employee is entitled to does not reduce below 3.
Section 7 provides for the payment of a daily rate in respect of sick leave and provides powers for the Minister to set the rate by way of regulation.
Section 8 provides that nothing in the Bill will prevent the inclusion of more favourable provisions, in relation to sick leave, in a contract of employment.
Section 9 provides that obligations under the Bill will not apply where an employer provides his or her employee with a sick leave scheme that confers benefits that as a whole are more favourable to the employee.
Section 10 provides for an exemption from the obligation to pay the statutory sick leave payment where the employer is deemed unable to pay sick leave by the Labour Court.
Section 11 provides for the rights of the employee to be unaffected by a period of sick leave taken under this Bill, and provides that sick leave should not be treated as any other type of leave and provides for arrangements if the employee is on a probationary period when on sick leave.
Section 12 provides protection for employees from penalisation if an employee takes sick leave.
Section 13 provides for the information about an employee’s sick leave that an employer must record and the period for which it must be maintained and provides for the penalty to an employer for failing to record and maintain the record of sick leave for the period specified.
Section 14 provides for disputes regarding this Bill and the compensation to be awarded to the employee should they be successful in the dispute.
Section 15 provides for revisions to the Workplace Relations Act 2015.
The above provisions are subject to amendment
Financial Implications:
There will be no cost to the Exchequer. The Bill contains some implications for inspection and compliance work of the Workplace Relations Commission (WRC). However, these will be accommodated within the annual budget provisions for the WRC. The Bill will impose costs on employers who do not currently provide for paid employee sick leave. Steps have been taken to ensure that these costs will not be excessive.
Addressing the Select Committee on 04 May 2022, Minister of State for Business, Employment and Retail Deputy Damien English stated that
"the pandemic exposed the vulnerable position of many people, especially in the private sector, when it comes to missing work due to illness. [The Government's] view, which I think is shared by the majority of the committee, is that workers should not feel they have to go to work when sick because they will lose all of their income otherwise."
He further added:
"where an employee has an extended period of illness, this scheme will operate seamlessly with the existing illness benefit scheme and system. Once employees have exhausted their entitlement to paid sick leave from their employers, they will move on to illness benefit paid by the State, provided they have made adequate PRSI contributions."
The ensuing Select Committee debate, which can be read here, makes for interesting reading, particularly some of the issues raised by Deputy Louise O'Reilly and Deputy Aodhán Ó Ríordáin. Much of the discussion related to ensuring that a balance was struck between employer's rights and employee's rights and it will be interesting to see whether this is maintained in the Seanads's suggested amendments (if any) that follow.
The next stage of the Bill is the fifth stage (known as the Final Stage) where final statements will be made and the Bill will be prepared to be moved before Seanad Éireann for their consideration of its contents.