Written answers

Wednesday, 26 July 2017

Department of Health

Home Care Packages Provision

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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754. To ask the Minister for Health if he will tackle the shortage of home care workers (details supplied); and if he will make a statement on the matter. [35288/17]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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A recent study by University of Limerick on the prevalence of zero hours contracts among Irish employers and their impact on employees found that zero hours contracts within the meaning of the Organisation of Working Time Act 1997 are not extensive in Ireland and are not evident in the health sector. Employing staff working on zero hours contracts is not a policy of the HSE. In 2014, a home help annualised contract was introduced for HSE employees in conjunction with staff unions which, as well as matching the actual workforce to the changing needs of the service, gives certainty to employees by way of guaranteed weekly minimum paid hours.

The HSE provide services on a 24 hour a day, 365 days a year basis, particularly in acute hospitals and community care residential settings for the elderly and persons with an intellectual disability. The HSE have advised that they have staff working on ‘if and when’ contracts which provide flexibility where hours of work may fluctuate in accordance with service needs. Staff in medical, nursing and support grades are contracted to provide their contracted hours at any time over a 24-hour period in accordance with accepted norms with regard to rostering arrangements.

Employees who are engaged on such contracts may be called upon to provide cover for employees who are absent on annual leave, sick leave or other service exigencies which may arise, particularly given the 24/7 nature of health and social care services. Employees on such contracts do not have fixed contractual hours and are not obliged to accept each assignment they are offered. As these employees are not obliged to commit to a certain number of hours per week and may decline any assignment which is offered, this working arrangement provides flexibility for employees.

Employees in the HSE and Section 38 agencies who are engaged on “if and when required contracts” are granted the same contractual terms and conditions of employment as their whole-time comparators in accordance with the Protection of Employees (Part-Time Work) Act, 2001 and have security of tenure. Where additional hours become available on an ongoing basis (e.g. due to expansion of services or vacancies arising), the HSE advises managers to review the use of such contracts and facilitate any requests from employees who work on an as and when required basis for fixed contractual hours.

Any consideration or revision to social welfare entitlements is a matter for the Minister for Social Protection.

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