Sick leave and pay in a time of Covid, and the broader situation…

WorldbyStorm

Jul 1

Andrew Flood had a point that is spot on about the current situation re the pandemic:

In terms of workers rights there needs to be a huge urgency about guaranteed sick pay for the 2-4 infections many will have per year, each perhaps requiring a week off work. The old 'flu every couple of years' expectation is very inadequate even without LC /6

— Andrew Flood (@andrewflood) June 30, 2022

It's worth addressing that in some detail. But here's some further points to consider. We know herd immunity is a nonsense in the context of Covid. We know that people can be reinfected multiple times. So far - as reported on RTÉ up to four times but there's no reason I can see why it can't be many times more - effectively as long as the virus is circulating and that is clearly going to be many many years, if not indeed likely indefinitely. We know that the virus is more lethal than flu (albeit with vaccines this is moderated, but vaccines don't seem to confer long term immunity or even mitigation and many of us are now six months beyond our last booster and with no clear sign of more boosters on the way).

But as Flood notes this raises questions simply not being addressed in the public sphere. Our sick leave system is not fit for purpose and worse again in the context of a disease that requires potentially weeks off a year, even if one has a mild dose. And what of those who have long Covid - again mentioned on RTÉ.

By way of example more Aer Lingus flights were cancelled yesterday and as noted in yesterday's post there were others cancelled in previous days due to Covid spikes amongst aircrews. But it's not just Aer Lingus (though again as noted yesterday the irony of them welcoming the end of masking mandates on aircraft some months back is quite something). Anywhere people work in close proximity to others there is a significant possibility of catching Covid with consequent knock on effects. Schools, shops, small offices, places where working from home is not an option. As was put to me only yesterday, all the old structures remain - contingencies have been put in place but almost with the expectation that the situation would return to normal. But it's not returning to normal.

Mitigating measures have been all but abandoned. The reasoning is in part that the public support isn't there. I've wondered about that. The data from polling up to the end of such measures indicated pretty broad support for them. But it may be more difficult at this point to reintroduce mandatory measures - short of a significant spike.

But as Flood notes the framing of this is poor to the point of negligence by the media. As he notes RTÉ emphasises the number of incidental cases which is much less important than the fact of multiple reinfections 'becoming increasingly common'.

And the political response. One could ask what political response?

Green Party leader Eamon Ryan said he does not envisage an immediate return to mandatory mask wearing on public transport.

He said while there is a "significant increase" in Covid cases, the focus has always been to look at the critical end of the health system, including the numbers in ICU with the virus.

Speaking on RTÉ's Morning Ireland, he said: "The latest health advice from us isn't to introduce mandatory mask wearing. What we have done is dusted down and had the legislation ready if we did get that advice. And we are doing that in advance of the summer recess to prepare for any eventuality."

Meanwhile consider sick leave and pay. This shows just how abysmal the situation is today. And has been.

Here's the the Citizensinformation page on this.

In general, you have no legal right to be paid while you are on sick leave from work, but this is due to change from 2022 – see 'Upcoming changes' below. Until then, employers can decide their own policy on sick leave and may decide to pay you while you are off sick. Your employer must give you written information about their sick leave policy.

If you cannot work because you are sick or injured, and you have enough PRSI contributions, you can apply to the Department of Social Protection (DSP) for a payment called Illness Benefit.

If you do not have enough PRSI contributions, you should contact the Community Welfare Officer at your local health centre. They will assess your situation.

Upcoming changes

The Government has approved publication of the draft Sick Leave Bill 2022. The draft Statutory Sick Pay scheme will introduce:

Paid sick leave for up to 3 sick days per year. This is planned to increase to 5 days in 2024, 7 days in 2025 and 10 days in 2026.

A rate of payment for statutory sick leave of 70% of normal wages to be paid by employers (up to a maximum €110 per day).

A right for workers to take a complaint to the WRC where they are not provided with a company sick pay scheme.

To be entitled to paid sick leave under the new scheme, you must be working for your employer for at least 13 weeks. You will also need to be certified by a GP as unfit to work.

Employees Sick Pay entitlement starts as soon as the law is enacted. This is expected soon.

Worth looking at the situation with regard to Sick Pay. This is arguably no better. And consider all this in the context of Long Covid.

Rules about sick leave and sick pay

Can I get Illness Benefit and sick pay at the same time?

You can apply for Illness Benefit while you are also getting sick pay. But if your employer already provides sick pay, they will probably ask you to sign over any Illness Benefit payment to them for as long as the sick pay continues.

Will my employer provide sick pay?

If you are not sure whether you can get sick pay, you should ask your employer or look at your contract of employment.

Your contract of employment should clearly state the rules on sick leave. It may:

Limit the length of time you can get sick pay (for example, one month's sick pay in any 12-month period)

State that if you are sick and unavailable for work, you must contact a specified person by a certain time

If you do not get sick pay although it is in your contract or terms of employment, you can complain under the Payment of Wages Act. Use the online complaint form on workplacerelations.ie.

But here's the question. Why is none of this being teased out publicly? Why is 'living with Covid' apparently a matter of attempting to pretend Covid doesn't exist as distinct from engaging with the reality of the impacts that it has on pre-existing structures (such as sick leave and pay) and how they and perhaps numerous other areas are going to have to be refashioned for the years ahead?

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