Simon Harris (Wicklow, Fine Gael)
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Question 83: To ask the Minister for Jobs, Enterprise and Innovation the legislative responsibility of an employer to an employee who acquires an illness, injury or disability, whether occupational or non-occupational; how this responsibility compares with international best practice; and if he will make a statement on the matter. [14390/12]

Richard Bruton (Dublin North Central, Fine Gael)
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In general, where an employee is absent from work for reason of illness, injury or disability, the monitoring of sick absences on the part of their employees and the payment of sick leave by employers is discretionary. There is no legal entitlement to sick leave.

However, some employment sectors have pay and conditions of employment regulated through Registered Employment Agreements (REAs) that are legally binding on employers in the sectors to which they apply. The following REAs contain binding regulations regarding the conditions, benefits and contributions of sick pay schemes:

· Construction

· Electrical Contracting

· Footwear and Drapery

Alleged contraventions of the above regulations may be reported to the National Employment Rights Authority (NERA).

In terms of comparative studies of reforms aimed at transforming sickness and disability schemes from passive benefits to active support systems that promote work, Ireland was included in a four country study by the OECD of "Sickness, Disability and Work" that also covered Denmark, Finland and the Netherlands and was published in 2008. This was part of an extended series of comparative studies by the OECD that concluded last year and aimed to explore the apparent paradox whereby at a time when the average health status is improving, a persistently large number of people of working age leave the workforce to rely on long-term sickness and disability benefits. The OECD report on Ireland highlighted how unemployment and disability had not been well differentiated in Ireland and how the eligibility criteria for disability payments had not been very stringent.

Reform of the disability allowance system is currently being pursued by the Minister for Social Protection in the context of a comprehensive programme of reforms to ensure a better targeting of social support to those on lower incomes, and to ensure that work pays for welfare recipients.