Public service sick scheme

Heiser

My wife is employed in a company that is contracted to carry out work on behalf of the HSE and her employment conditions and pay etc are based on public service pay agreements and circulars etc.

She was out sick for six weeks and was sending in weekly certificates. One week she was extremely sick and didn't send her certificate in and completely forgot until she was docked the weeks salary the following month. She has the sick certificate but her employer says don't bother sending it in as per the public service sick pay scheme it needs to be submitted within a week of being out sick, and it's too late now.

Is this worth fighting and if so does anyone have any advice? I've had a read through the public service sick scheme and it does say a certificate should be sent in within a week but it doesn't say her salary would be docked if it wasn't.

I think this is particularly harsh as she was extremely sick the week in question and her employer could have made an allowance for that. All the other certificates were submitted in time.

fascinatingbeauty

It may be worth discussing the situation with a labor or employment lawyer to understand her rights and options. The interpretation of the public service sick pay scheme and the specific consequences for not submitting a certificate may vary. Seeking professional advice can help clarify her position and explore potential avenues to address the issue.

Heiser

I don't know if discussing this with an employment lawyer is worth it as it's only one week's wages. I presume a lawyer will charge a good chunk of that to deal with this and it still might not be a successful outcome

https://www.boards.ie/discussion/comment/120891528#Comment_120891528

was just about to say the same. I do sympathise with your wife OP but it’s still a responsibility their employer requires them to fulfil.

In any case for a weeks wages it prob not worth fighting about it beyond the boss.

Kirbi

That's not how the NSSO do it (they have this function for the majority of the civil service).

However, I imagine how the HSE do it would have primacy. If some of her colleagues are HSE employees she should ask what happens with them.

Mrs OBumble

There must be an exception-procedure for people who are too sick to send in certs. Imagine what happens if someone was in ICU etc.

If she was a direct HSE employee, I'd say talk to the union. Is she in any union?

Jim2007

https://www.boards.ie/discussion/comment/120891528#Comment_120891528

Yes, you always need to think carefully about what you want to achieve in the long term. Based on what you say, I'd imagine there is a direct link between employee hours logged and revenue generated from invoicing the HSE. And consequently a financial loss for the employer as they will also be too late to make a claim against there insurance. No point in winning the battle and loosing the war, at a later stage loosing out on promotions, bonuses etc and if there is not work, guess who ends up on the hit list etc....

Ezeoul

I think her employer's interpretation of the HSE sick leave circular is incorrect. (They may be chancing their arm?)

With NSSO, there is a grace period - if a sick leave absence is reported but cert not received they will contact you in advance requesting a copy of same before going as far as docking a payment.

I would make inquiries with the HSE itself (not her employer) for clarification of their position on what happens in these circumstances.

TaurenDruid

Is she in a union? I'm guessing not. (Number 1 advice on this forum: join a union!)

The employer are absolutely chancing their arm, the NSSO don't operate like that and as Ezoul points out there is a grace period. The HSE would have one, too - because obviously if someone is taken ill suddenly and in ICU, the last thing on their mind (or ability) is organising a scanned medical cert to send on to the NSSO or HSE!

This is one for the WRC, and your wife is probably aware that their many companies working on contracts for the HSE that she could get a job with in the morning.