Dáil Éireann Debate, Tuesday - 20 March 2018
943. Deputy Tom Neville asked the Minister for Employment Affairs and Social Protection if an employee who is on sick leave and under their contract of employment is entitled to full pay for six months; if an employer has the right to deduct the equivalent illness benefit payment from their salary if the employee is not entitled to said payment; and if she will make a statement on the matter. [12145/18]
Amharc ar fhreagraIn general, an employee has no right under employment law to be paid while on sick leave. Consequently, it is at the discretion of the employer to decide their own policy on sick pay and sick leave, subject to the employee’s contract or terms of employment. Under Section 3 of the Terms of Employment (Information) Act 1994 an employer must provide an employee with a written statement of terms of employment, including the terms or conditions relating to incapacity for work due to sickness or injury, within two months of the commencement of the employment.
If an employee is entitled to sick pay under his/her contract or terms of employment, his/her employer will usually require him/her to sign over any Illness Benefit payment from the Department of Employment Affairs and Social Protection to his/her employer for as long as the sick pay continues. Not to do so would result in the unintended consequence of the employee receiving a higher income while absent from work on sick leave than he/she would have received if attending work.
Section 5 of the Payment of Wages Act, 1991 provides for regulation of certain deductions made and payments received by employers. The section further provides that an employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—
(a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,
(b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or
(c) in the case of a deduction, the employee has given his prior consent in writing to it.
Finally, with regard to any breaches of the Terms of Employment (Information) Act 1994 or the Payment of Wages Act, 1991 in relation to terms and conditions of employment, deductions from pay or other matters relating to employment conditions, I would advise that any persons with questions or complaints regarding their rights under employment law should contact the Workplace Relations Customer Service on lo-call 1890 80 80 90 or information can be found on their website www.workplacerelations.ie.
