News and developments
WRC Examines First Case Under Sick Leave Act 2022
Karolina Leszczynska v Musgrave Operating Partners Ireland ADJ-00044889 concerned a complaint to the Workplace Relations Commission (“WRC”) under the Sick Leave Act 2022 (“the Act”). The Complainant argued that she was entitled to the benefits under the Act despite her employer the Respondent having a sick pay scheme in place.
Facts: The Complainant has been employed by Respondent as a shop assistant since 2007. The Respondent operates 22 SuperValu branches, formerly Superquinn stores.
The Complainant was absent due to illness for four consecutive days in January 2023 and was paid by the Respondent for the fourth day only, as per the Respondent’s sick pay scheme. The Complainant argued she was entitled to statutory sick pay (“SSP”) under Section 5 of the Act. Section 5 of the Act provides that employees are entitled to SSP for up to three days per year. The Respondent has a sick pay scheme which provides for eight weeks paid sick leave. However, under the Respondent’s scheme the first three days of sickness absence are considered “waiting days” and are unpaid.
The Complainant referred to Section 8(1)(b) of the Act and specifically the phrase “more favourable to an employee”. The Complainant argued that the terms of the Act were more favourable to the her as she was out for just four days and was not on long term sick leave.
The Respondent argued that the obligations under the Act do not apply as their employees have access to a sick pay scheme which, on the whole, is more favourable than SSP.
The Respondent’s sick pay scheme provides the following:
Link - https://workplacerelations.ie/en/cases/2023/september/adj-00044889.html Authors – Ethna Dillon and Anne O’Connell
-
- An employee must have six months service to be entitled to paid sick leave;
- The first three days of sickness absence are considered waiting days and are unpaid;
- An employee is entitled to eight weeks pay in a 12-month rolling period (less any social welfare benefit);
- A medical certificate must be submitted on a weekly basis;
- The rate of pay is based on the average of the employees’ weekly hours in the 13 weeks preceding the fourth day of absence, divided by five.
-
- An employee with 13 weeks of service is entitled to be paid sick leave;
- An employee is entitled to be paid sick leave on the first day of absence;
- An employee is entitled to three days sick leave in a year;
- An employee must submit a medical certificate from their GP confirming their inability to attend work;
- An employee is entitled to 70% of their average daily wages in the 13 weeks preceding the first day of absence, capped at €110 per day.
-
- The period of service of an employee that is required before sick leave is payable;
- The number of days that an employee is absent before sick leave is payable;
- The period for which sick leave is payable;
- The amount of sick leave that is payable;
- The reference period of the sick leave scheme.
Link - https://workplacerelations.ie/en/cases/2023/september/adj-00044889.html Authors – Ethna Dillon and Anne O’Connell