Health & Safety benefit

Flan45

Has anyone here been approached by an employee for health & safety benefit? I have a pregnant employee who believes she's entitled to it but I'm not sure it applies.

Any info or experience concerning the benefit appreciated.

IRE60

I had a situation where a pregnant employee tried to claim that her job was ""stressful" and thus contravened her rights as a pregnant woman under health and safety act - nice try... but... (didnt work)

Bandara

Here's the blurb on it.


Information

Health and Safety Benefit is a weekly payment for employed women who are pregnant or breastfeeding, and who are granted Health and Safety Leave by their employer.

The right to health and safety leave from employment in Ireland is set out under Section 18 of the Maternity Protection Act 1994. A woman is granted health and safety leave from employment in Ireland if her employer cannot remove a risk to her health while she is pregnant, or breastfeeding, or assign her alternative "risk-free" duties.

To qualify for Health and Safety Benefit, you must meet certain criteria and social insurance (PRSI) contribution conditions. Your employer will pay the first 21 days of your health and safety leave, and the Department of Social and Family Affairs will pay the remainder.

If you think you have been wrongly refused Health and Safety Benefit you can appeal this decision.

During health and safety leave from employment, you are still considered to be in employment.
Rules

To get Health and Safety Benefit you must:

* Be a pregnant employee in Ireland exposed to certain risks in the workplace or be involved in nightwork, (that is, you must spend at least 3 hours or 25% of your work between 11pm and 6am).
* Have given birth in the last 16 weeks and be involved in nightwork
* Be breastfeeding (up to 26 weeks after the birth) and exposed to certain risks in the workplace. The Health and Safety Authority provides full details of what these risks are.
* Meet the following PRSI conditions:

1. Have at least 13 weeks social insurance (PRSI) paid in the 12 months immediately before the date your baby is due or
2. 104 weeks paid since you first started work and 39 weeks PRSI paid or credited in the relevant tax year (a minimum of 13 of the contributions in the relevant tax year or certain other periods must be paid contributions) or
3. 26 weeks PRSI paid in the relevant tax year and 26 weeks PRSI paid in the tax year prior to the relevant tax year

The relevant tax year is the second last complete tax year before you claim Health and Safety Benefit. For example, for claims made in 2009 the relevant tax year will be 2007.
Lenght of time Health and Safety Benefit is paid

Health and Safety Benefit lasts until:

* The day on which you become entitled for Maternity Benefit, if you are pregnant
* 16 weeks following the date on which you gave birth, if you are an employee who has recently given birth and do nightwork
* 26 weeks from the date on which you gave birth, if you are breastfeeding

You stop getting Health and Safety Benefit if your health and safety leave ends because:

* You are no longer at risk in the workplace or,
* Your employer has removed the risk or give you other work or
* You are employed on a fixed-term contract and that contract expires.

Rates
Health and Safety Benefit rates are graduated according to your average weekly earnings in the relevant tax year.

Weekly payment for existing (2008) claims in 2009:

Earnings per week Personal rate Qualified adult rate
Less than €80 €91.80 €87.90
€80 - €124.99 €132 €87.90
€125 - €149.99 €160.10 €87.90
€150 or more €204.30 €135.60

For claims on or after January 2009 the following graduated rates apply:

Weekly payment for new claims in 2009
Earnings per week Personal rate Qualified adult rate
Less than €150 €91.80 €87.90
€150 - €219.99 €132 €87.90
€220 - €299.99 €160.10 €87.90
€300 or more €204.30 €135.60
Payment of Health and Safety Benefit

You will be paid directly into your bank account, or by weekly cheque. You get a personal rate and may get an increase for an adult dependant and child dependant. Your average weekly earnings do not affect the rate of payment for a child dependant.