Many employees call a solicitor when there is an issue regarding a sick pay dispute between an employee and an employer, and the solicitor will firstly ask the employee, what is the provision, if any, in their employment contract regarding Sick Pay.
We ie in Ireland have no Statutory Sick Pay entitlement. Many European countries have legislation regarding sick pay, but in Ireland we do not.
In September 2020 the Labour Party proposed a Sick Leave and Parental Leave Covid-10 Bill which proposes putting an Entitlement to Sick Leave ie with pay on a statutory footing. The Bill proposes sick leave of up to 30 days in any 12 months in respect of such a leave entitlement.
The above Bill proposes that employee complaints in relation to a sick leave entitlement could be referred to the Workplace Relations Commission.
There are though, many questions which will first need to be addressed, in our opinion, before such a bill becomes law, such as, what happens to Social Welfare Rights and illness protection policy if an employer is paying the wage during the leave period, and what if an employee is not using the leave in way it was designed for. What can an employer do then, for example.
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8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.