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

I move amendment No. 30:

In page 11, line 22, to delete “20 weeks’” and substitute “4 weeks’”.

These amendments amend the maximum penalty the Workplace Relations Commission or Labour Court may award if an employer breaches obligations under the Bill. That now moves from 20 weeks' remuneration to four weeks' remuneration. This will bring the penalty more into line with the protections afforded to other types of leave, where the level of penalty is approximately in line with the duration of the leave concerned.

On Committee Stage, the proposal was to amend the penalty to two weeks' remuneration, but Deputies were concerned that was too little and would incentivise employers to try to avoid obligations. There may have been some misunderstanding in that regard. This penalty is in addition to employees' entitlement to their statutory sick pay and not in substitution for it. However, I recognise Deputies' concerns that a more substantial penalty should be available. On balance, we believe a penalty of 20 weeks' remuneration is disproportionate to the offence. I now propose the penalty for non-compliance should be set at four weeks' remuneration. For example, if an employer denies somebody ten days' statutory sick leave, that employer will have to pay the ten days and will also be faced with penalty of four weeks' pay in addition to that.

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