Changes to Social Welfare waiting days

Friday, April 25, 2014

Employers will be aware that the social welfare entitlements for sick leave is changing from 3 days to 6 days from January 2014

Employees must now wait 6 days (instead of the previous 3 days) before availing of illness benefit. Many employers may wonder whether or not they will be able to amend their practices to correspond with this change. However, employers should be aware that, if a three day waiting period is an existing contractual entitlement, then the legal position is that an existing contractual entitlement can only be varied with the agreement of the employee either an individual basis or by way of collective agreement.
 
Any employer proposing to change an employee’s contract should fully consult with all affected employee or their representatives and explain and discuss the reasons for the change. Variations of a contract can be agreed verbally or in writing although it is best practice to commit any agreed changes to written form.
 
Where a variation in the contract has been agreed and the changes concern an item, such as terms in relation to sick pay, which must be included in the written statement of particulars of employment, (as provided for under section 5 of the Terms of Employment (Information) Act 1994), an employer is obliged to give written notification of the change to the employee, within one month of the change taking effect.

 

 

Specific advice should always be sought in relation to changing an employee’s terms and conditions of employment.
 
Article courtesy of Ronan Daly Jermyn Solicitors ,http://www.rdj.ie/
 
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