Finian McGrath (Dublin North Central, Independent)
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Question 292: To ask the Minister for Enterprise, Trade and Employment if the maximum support and assistance will be given to a person (details supplied). [11795/05]

Tony Killeen (Clare, Fianna Fail)
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The employee in question is employed as a school warden and, like all other school wardens, is employed by the local authority. School wardens are paid a daily rate and work an average of two hours a day, Monday to Friday, during the school term. They are paid when the school is closed for teacher training, in-service days, holy days and public holidays. They are not paid for the Christmas and Easter holidays, other than the public holidays, for mid-term breaks and during the summer holidays.

Holiday pay is paid by a once-off annual payment of 8% of total hours worked and so is in accordance with the Organisation of Working Time Act, 1997. School wardens may also take annual leave when required as long as adequate notice is given to the local authority so that cover can be obtained. There are no occupational pension schemes at present for school wardens but they have access to PRSAs, and a non-pensionable gratuity is payable to school wardens who, upon retiring, are at least 60 years of age and have worked a minimum of 10 hours a week for a minimum of five full years' service.

Regarding sick leave, there is no statutory requirement on any employers to pay employees who are absent due to illness except under the sick pay provisions in various employment regulation orders of the Labour Court for certain sectors of employment. This does not include school wardens. However, disability benefit is paid by the Department of Social and Family Affairs to socially insured persons who are unable to work due to illness and who meet the contribution conditions. There are no proposals at present to change the current situation or to bring forward legislative proposals to require employers to have occupational sick-pay or sick-leave schemes.

If the employee in question has any difficulty in establishing her right to payment for annual leave or public holidays, she could take a case to the Rights Commissioners for redress. If she has any query with regard to this process, she should contact the staff of the employment rights information unit of this Department at (01) 6313131, LoCall 1890 201 615 or email at erinfo@entemp.ie, who would be glad to assist her.