Dáil Éireann Debate, Wednesday - 3 June 2020
1059. Deputy Christopher O'Sullivan asked the Minister for Employment Affairs and Social Protection if she will extend workplace protections such as holiday pay and sick leave to school secretaries paid by boards of management. [9117/20]
View answerThe Organisation of Working Time Act 1997 sets out the key parameters for the taking of annual leave and payment for same. Under Section 19 of the Act, an employee acquires an entitlement to 4 weeks’ annual leave if he or she works at least 1,365 hours in a leave year, or one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).
The Act also provides for 9 public holidays in addition to the statutory annual leave entitlements.
Any annual leave entitlements in the contract of employment over and above the statutory minimum will be a matter for negotiation between the employer and employee.
Any plans to increase the current statutory entitlement, which is a minimum level of leave above which employers and employees are free to agree better terms, would have to be considered in the overall policy context.
In general, an employee has no entitlement under employment law to be paid while on sick leave. Consequently, it is at the discretion of an employer to decide their own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment.
It is worth my pointing out, for information, that the Workplace Relations Commission (WRC) provides general information on employment, equality and industrial relations legislation, through the Workplace Relations Information and Customer Service Unit which can be contacted at Lo-call: 1890 80 80 90 or 059-9178990 or via its website www.workplacerelations.ie.
I trust this clarifies matters for the Deputy.
