Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

On Committee Stage, the Minister of State, Deputy English, signalled our intention to move an amendment on Report Stage to address the issues raised by the Deputies. The purpose of the amendment is to eliminate uncertainty as to the entitlement of certain workers to sick leave. Section 5 is linked to the Minimum Notice and Terms of Employment Act 1973. This means that an employee will not have to qualify again for sick leave merely because they are regularly laid off, for instance, over the summer period. We are well aware that this would be a significant issue in some sectors, particularly for workers in crèche and childcare settings, many of whom work on a term-time pattern. Where an employee is laid off, that does not constitute a break in service. His or her service is continuous for the purpose of the Bill.

This issue was discussed extensively on both Second and Committee Stages and also with the unions and employers. Deputies rightly identified the risk that certain workers would have to requalify for statutory sick leave on a regular basis if they work on term-time-type contracts and there is a break between contracts as distinct from a routine lay-off. Amendment No. 4 would delete subsections (5) and (6) and would appear to confer an entitlement to sick leave from the beginning of an employment. We think it is reasonable that an employee should have worked for an employer for some time in order to qualify for paid sick leave and to have established an employee-employer relationship. For example, if an employer takes somebody on to work in a shop or restaurant for a few weeks in the summer, it would not be fair if that employee took ten days' sick leave at the start and only worked for a week or two after that. In the case of parental leave, a parent must have completed one year's service with the employer before he or she may take parental leave. It is important to allow sufficient time to establish an employee-employer relationship, which is why we cannot support amendment No. 4.

I am advised that it is not the case, under the Bill, that there would be a reset for every service interruption. I am informed that Deputy Paul Murphy's point is mistaken and that every period of service will be added together. This is already covered in the Minimum Notice and Terms of Employment Act 1973 and amendment No. 7 will cover multiple periods of employment or multiple breaks in employment.

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