Phased return to Work Pay

portcrap

Hi Folks, quick question on workers rights when they return to work on a phased basis. If you are off work sick for 12 weeks and are advised to return to work on a phased basis do you get paid sick pay for the days you do not work until you return to work full time?  friend of mine works for the HSE and has just been told they are not entitled to use sick leave for the days they are not working even though it is a health related issue. It doesnt sound right to me? Any insight would be appreciated.

OMM 0000

You don't have an entitlement to be paid for sick days.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/sick_leave.html

Check your contract to see if it says otherwise.

Victor

OMM 0000 wrote: »

You don't have an entitlement to be paid for sick days.

Person works for HSE, they likely do. Do you really want a sick staff member working near dozens or hundreds of immuno-compromised patients?

Del2005

Victor wrote: »

Person works for HSE, they likely do. Do you really want a sick staff member working near dozens or hundreds of immuno-compromised patients?

They could be back office staff so never see the sick, there's plenty of them in the HSE

OMM 0000

Victor wrote: »

Person works for HSE, they likely do. Do you really want a sick staff member working near dozens or hundreds of immuno-compromised patients?

It could be from back surgery.

As I said, the person needs to consult their contract. It should be fairly straightforward...

Mrs OBumble

OMM 0000 wrote: »

It could be from back surgery.

As I said, the person needs to consult their contract. It should be fairly straightforward...

Consult the union.

You are not sick, so technically not eligible for sick-leave. But there's likely to be a work around.

wmpdd3

This was always an issue and a barrier to people wanting to return to work slowly. (Sorry I see OP was only off for 12 weeks)

This is the DSP's solution but it depends on what the initial issue was.

http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/disability_and_illness/partial_capacity_benefit.html

ntroduction
Partial Capacity Benefit is a social welfare scheme which allows you to return to work or self-employment (if you have reduced capacity to work) and continue to receive a payment from the Department of Employment Affairs and Social Protection (DEASP).

If you have been getting Illness Benefit (for a minimum of 6 months) or Invalidity Pension and wish to return to work, you may qualify for Partial Capacity Benefit if your capacity for work is reduced by your medical condition.

You will qualify for Partial Capacity Benefit if your restriction on capacity for work is assessed as moderate, severe, or profound. If it is assessed as mild you will not qualify.

Participation on the Partial Capacity Benefit scheme is voluntary and you may return to Illness Benefit or Invalidity Pension if, for example, your employment ceases or if you find you cannot continue to work.

You do not have to transfer onto the Partial Capacity Scheme if you wish to do voluntary work.

The DEASP has produced a Benefit of Work Estimator tool on welfare.ie for people getting disability payments. This can help you to assess the financial consequences of taking up work and claiming Partial Capacity Benefit.