Damien English (Meath West, Fine Gael) | Oireachtas source

On the exemption from the obligation to pay this, the burden of proof is on the employer to show an inability to pay because it would jeopardise the business. There is nothing to be afraid of there in the context of public opinion; it is based on factual evidence. I am conscious that, for whatever reason, not everyone is aware it is in the existing legislation or uses it. The sick leave has to be certified and employers have asked, as an issue of fairness, that that remain in the legislation. Others have a view on that as well. That is the protection the employers need to know about because the majority of employers already look after people who are sick. It is important that the statutory sick pay scheme recognises this.

We can continue this conversation on Report Stage. We will look at it. We bore in mind the ways to reach out to companies that need assistance to protect jobs and their business. We do that on an ongoing basis. As I said to Deputy Bruton and others, we will track that between now and Report Stage and see if members want to strengthen the wording around it. As with any legislation that is brought in, there is always a post-enactment review. That is built in across the board. This is to strike a balance, as Deputy O'Reilly said, between people who are sick and feel under pressure to go to work and those who are creating those jobs. It is important that any reviews covers that. That is what we will try to do.