Again it is necessary to review the Contract of Employment.

It is important to note there is no Statutory rule in Ireland regarding an employer obligation to pay staff during a sick leave period.

One should request a copy of any sick leave policy an employer has which should give detail regarding what is to happen during this period. It is also worthwhile to consider what is the employers workplace custom and practice regarding this matter is presently or historically.  

If one needs to apply for Illness Benefit in this national emergency, one can now apply for an increased illness benefit payment to the sum of €305 per week for self-isolation.

One must have been advised to self-isolate by a doctor or instead have been diagnosed with Covid–19. A person must have been advised to confine themselves to a medical facility or their home.

You can request a form to be sent by post by emailing forms@welfare.ie

You will need Form IB 1 completed and submitted to welfare, and your doctor must have your name, PPSN number and date of birth.

Lay-offs will most likely be availed of by employers in the present circumstances.

The law on this is set out in Section 11. Of the Redundancy Payment Acts 1967.

The intent behind this legal rule and benefit for both employee and employer alike is that it is designed for a temporary situation. It is not a permanent termination of the employment and contract between the parties.  

Scenario – employer is not able to provide work for the current period, therefore the employee’s employment ceases, however, the employer believes that the cessation is only temporary and not permanent, then the employer can give notice to the employee prior to the cessation regarding the lay-off.

The only reason for ending the employment, temporarily, is due to the fact there is no work and it does not concern the employees performance or conduct, for example. The reason in the current climate is Covid-19.

Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.