Dáil debates

Wednesday, 23 September 2020

Sick Leave and Parental Leave (Covid-19) Bill 2020: Second Stage [Private Members]

 

10:15 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

The last seven months has been a challenging time for everyone. We have all been asked to play our part, to stay apart, to wear masks, to wash our hands and to isolate when we display symptoms. Covid-19 continues to have significant impacts on all of us, and on children, as 1 million of them go back to school this month, and working parents. Many families are experiencing significant stress due to the unavailability of family support, and in situations where a child's school or childcare provider is closed due because a child or children have tested positive for the virus. I have dealt with people this week on that exact issue. I am extremely sympathetic to these families, and acknowledge the challenges that working parents and employees face, and, unfortunately, will likely face in the months ahead as we learn to live with Covid-19 restrictions.

The previous Government acted quickly when Covid-19 first emerged and since March, we have implemented measures to support people, households, workers and businesses impacted by Covid. These include unprecedented levels of emergency income support measures for households and workers. We have also ensured that all workers who are certified by a doctor as diagnosed with, or suspected as having Covid, awaiting a test result, or isolating because of a close contact with Covid are entitled to the Covid-19 enhanced illness benefit, which is €350 a week for up to 10 weeks.

However, as the Tánaiste acknowledged in an article in The Irish Times this morning, Ireland is one of a small number of wealthy countries in which there is no statutory obligation on all employers to provide sick pay, that is, a scheme whereby all employers must, by law, pay employees who are unable to work because of an illness. This needs to change and we fully acknowledge and accept that. The Tánaiste confirmed that discussions with unions and employers will get under way immediately.

I welcome the Labour Party Bill as an important contribution to the debate in this area. My colleague, the Minister for Social Protection, has dealt with the areas of the Bill relating to her Department. I will deal with the areas of the Bill that are currently the responsibility of the Department of Justice and Equality, but which will shortly move to the Department of Children. The Bill calls for an extension of force majeure parental leave where a child's school or childcare provider is closed due to an outbreak of Covid-19. The House will be aware that force majeureleave is a form of paid leave provided for under the Parental Leave Act 1988 and the Parental Leave (Amendment) Act 2006. It is intended to provide for short periods of leave for urgent family situations where a close family member is ill or has been injured. The maximum amount of leave allowable is three days in any 12-month period or five days in a 36-month period.

It is important to acknowledge from the outset that it is probable that if an employee suspects their child has Covid-19, the employer may not want that employee to attend the workplace until clarity has been brought. I fully accept this, especially having spoken to families during the week. However, acknowledging that and the intention of the Bill, there are several issues with it that need further consideration.

Force majeureleave applies in emergencies when an employee must deal with an urgent family crisis. The proposed legislation, however, would place it on a more long-term footing similar to other family leave but without considering the necessity for some short notice period. That would need to be looked at. The Bill does not take account of possible working from home arrangements that may be in place and this would need to be looked at further.

The Government's position that the Minister for Employment Affairs and Social Protection and the Tánaiste and Minister for Business, Enterprise and Innovation will commence a consultation with unions, employees and employers is the correct approach. It will ensure we can give proper consideration to reforming Ireland's statutory sick pay laws and any related change to illness benefit.

It will allow research into the extent of the problems identified by the Bill and will allow for full evaluation of the costs. Whether intentional or not, it appear the Bill would place on employers, and especially our SMEs that have been severely hit by Covid-19, most, if not all, of the costs of these proposals at a time when they are struggling to keep their doors open and their employees in jobs.

If we can get this right, it will reform the State's sick pay laws and any related illness benefit funded by PRSI. The Government is committed to doing so, to supporting working parents and to developing solutions that suit their needs. I look forward to discussions with unions, employers and employees getting under way as soon as possible.

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