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Dáil Éireann díospóireacht -
Wednesday, 7 May 1980

Vol. 320 No. 6

Written Answers. - Civilians Sick Pay Regulations.

201.

asked the Minister for Defence if he will outline the regulations regarding the payment of sick pay to civilians who are employed as mess attendants in military barracks.

Payment of sick pay benefit to kitchen and mess helpers employed by this Department at military barracks is governed by the sick pay scheme for temporary, unestablished and State industrial employees.

The conditions under which these benefits are paid are as follows:

1. Eligible Classes

The scheme shall apply to employees while they are in full-time employment.

2. Benefit

Benefit under the scheme shall comprise payment during qualified sick absence of full pay, less appropriate deductions in respect of social welfare disability benefit and/or benefit payable under the social welfare occupational injuries scheme including pay-related benefit as follows:

(a) after three month's continuous service, sick pay at full rate for up to six weeks in any period of 12 months' service.

(b) after six months' continuous service, sick pay at full rate for up to nine weeks in any period of 12 months' service, and

(c) after 12 months' continuous service sick pay at full rate for up to 13 weeks in any period of 12 months' service.

To allow for short voluntary breaks in service in the case of industrial staff, aggregate service of 17 weeks, 34 weeks and 68 weeks, respectively, may be accepted as alternatives to the minimum qualifying periods mentioned at (a), (b) and (c) above.

3. Qualified Sick Absence

Sick absence shall qualify for benefit under the scheme provided the employee concerned—

(a) notifies his superior, in writing, of his incapacity on the morning of the first day of the absence;

(b) submits, where necessary, a medical certificate in the required form, and there is no evidence of permanent disability for service;

(c) applies on the appropriate form for the payment of benefit under the scheme in respect of the absence.

4. Medical Certificates

(i) Benefit shall be payable for single or two-day qualified sick absences without medical certificate within a maximum limit of seven days in the aggregate in any period of 12 months' service. Otherwise all sick absence must be covered by medical certificate in order to qualify for benefit under the scheme.

(ii) Each medical certificate, in addition to stating the nature of the complaint occasioning the absence and the period which the certificate covers, must indicate when it is expected that the employee will be fit to resume duty.

(iii) Medical certificates must in all cases of continuous absence be furnished on the third day of the absence at the latest and, normally, benefit under the scheme shall not be allowed for a longer period than one week on any one certificate. Where sick absence extends over two working days with a non-working day or days between, a medical certificate must be furnished.

5. Deduction of Social Welfare Disability/Occupational Injury including Pay-Related Benefit

The amount of the deduction to be made shall be determined in the first instance on the basis of the details furnished in the application for benefit under the sick pay scheme. These details must correspond exactly with those furnished in the claim made by the employee for disability/occupational injury including pay related benefits to the Department of Social Welfare. Any adjustment necessary by reference to the amount of benefit actually received from the Department of Social Welfare shall be made subsequently.

6. Workmen's Compensation

Where an employee is entitled to workmen's compensation from the state during a period of qualified sick absence any sick pay issued will be regarded as including workmen's compensation. Any addition to workmen's compensation payable by the Department of Social Welfare under the occupational injuries scheme administered by that department will be deducted from sick pay entitlement.

7. General

(i) The employing Department reserves the right to have any employee covered by the scheme medically examined at any time and to take whatever action it considers necessary as a result of the examination.

(ii) Any suspected abuse of the scheme by an employee may be investigated by the employing Department and appropriate disciplinary action may be taken.

(iii) It shall rest solely with the employing Department to determine whether or not an employee is covered by the scheme and when benefit may or may not be paid. In any event, sick pay will not be issued beyond the date on which the workman's employment would normally have terminated.

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