It may seem a bit Dickensian but Irish workers have no statutory entitlement to an occupational sick-pay scheme from their employers. However, where an employee's contract includes a reference to sick-pay entitlement as part of the terms of employment, a right to sick pay exists under sick-pay law.
The system operates on an adhoc basis and, as a result, some people are well provided for while others are not. So what happens if you do get sick for weeks, or even months, and are unfit for work? Those who satisfy the PRSI contributions (see below ) are entitled to claim Disability Benefit after a three-day waiting period.
Disability benefit, for those who qualify, is £77.50 (€98.50) per week for a person earning more than £70 per week. The payment comprises a personal rate with extra amounts for dependants. It is normally paid weekly by cheque, which is posted to your home. At the end of September, 46,865 people were receiving Disability Benefit, according to the Department of Social, Community and Family Affairs.
If you have between 39 and 259 weeks PRSI paid, Disability Benefit can be paid for up to 52 weeks. If you have been paying PRSI for five years or more, you can claim the benefit as long as you are unfit to work until the age of 66. Some employers will top up that benefit to prevent a drastic drop in income but this kind of arrangement generally does not last indefinitely.
In a company where no formal sick-pay scheme exists but the norm is for employees to be paid when absent through illness, a right to sick pay may be established through custom and practice.
There is huge variation in sickpay arrangements but workers in the public sector are catered for quite well. The average public sector sick-pay scheme provides 13 weeks on full pay and 13 weeks on half pay. Employees covered by the last two national wage agreements are entitled to negotiate a sick-pay scheme with their employers or to put in a claim for the improvement of a scheme.
SIPTU members seek a standard sick-pay scheme of six weeks on full pay and six weeks on half pay. Some are receiving more than this, some less.
There are two basic types of occupational sick-pay schemes - contributory and non-contributory. It is the experience of employers and unions that absentee levels are lower where employees have some say in the operation of the sick-pay scheme.
Employees in small non-unionised firms are less likely to have sick-pay schemes in place. The Small Firms Association (SFA) recommends that each case is assessed on an individual basis. Mr Pat Delaney of the SFA said that, in the current employment market, smaller companies have to offer the same benefits as larger companies. He said precedence and common practice usually dictate policy.
"The vast majority of employers do not want their employees to experience economic hardship and will be reasonable when it comes to sick pay."
Mr Delaney pointed out that the biggest problem for companies is abuse. "Some people treat sick-pay schemes as time off and this causes employers to pull back," he said.
PRSI conditions to qualify for Disability Benefit: You must have at least 39 weeks PRSI since you started work and 39 weeks PRSI paid or credited in the relevant tax year (a minimum of 13 weeks must be paid contributions)
If you do not have 13 paid contributions in the relevant tax year, the two most previous tax years, the most recent subsequent tax year or the current tax year may be used to satisfy this condition.