Dáil Éireann Debate, Wednesday - 3 June 2020
1056. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection if a person who works in childcare can be forced to use two weeks of their annual leave during lockdown whilst receiving the Covid-19 pandemic payment in view of a report of a childcare provider which has instructed its staff to use two weeks of their annual leave, leaving them one week of annual leave later in 2020. [8568/20]
View answerI am a little unclear as to the particulars of the case referred to by the Deputy, however, it is important to note a number of key points.
Firstly, let me set out the current legislation as it pertains to annual leave. The Organisation of Working Time Act 1997 sets out the key parameters for the taking of annual leave and payment for same. The times at which annual leave is granted is ultimately determined by the employer, having regard to work requirements and subject to the employer taking into account the need for the employee to reconcile work and family responsibilities, the need for rest and recreation, and the employer having consulted the employee or a trade union (if any), not later than one month before the day on which the annual leave is due to commence.
I note that the Deputy references these particular employees as being in receipt of a “Covid-19 pandemic payment”. While I am unsure of the details of this particular case, let me now set out the eligibility requirements with regard to the 'Pandemic Unemployment Payment' (PUP), which is administered by my Department.
A person must be fully unemployed to qualify for the PUP and have lost their employment within a particular timeframe as a result of the Covid-19 pandemic. If a person continues to be paid by an employer during the Covid-19 pandemic, they are not eligible for the payment.
The Temporary Wage Subsidy Scheme (TWSS), which is operated by the Revenue Commissioners, is designed to support a continued employment relationship between worker and employer. This contrasts with the PUP, where there is no longer an employment relationship.
It is only possible to negotiate annual leave arrangements, in accordance with the Organisation of Working Time Act 1997 set out above, where an employment relationship has been maintained.
I trust this clarifies matters for the Deputy.
