Dáil PMB Sick Leave and Parental Leave (Covid-19) Bill 2020
Speech by Minister for Justice and Equality
Helen McEntee T.D.,
Opening Speech
Ceann Comhairle, Deputies,
I welcome the opportunity to discuss these important issues today along with my colleagues Minister Humphries and Minister English.
Covid-19 is continuing to have significant impacts on children and working parents. I know that many families are experiencing significant stress due to the unavailability of family support, and in situations where a child’s school or childcare provider is closed due because a child or children have tested positive for the virus.
I am extremely sympathetic to these families, and acknowledge the challenges that working parents and employees face, and will likely face in the months ahead as we learn to live with Covid-19 restrictions.
The previous government acted quickly when Covid-19 first emerged and since March, all workers certified by a doctor as diagnosed with, or suspected as having Covid, awaiting a test result, or isolating because of a close contact with Covid are entitled to the Covid-19 enhanced illness benefit, which is €350 for up to 10 weeks.
Writing this morning in the Irish Times, the Tanaiste acknowledged that Ireland is one of a small number of wealthy countries in which there is no statutory obligation on all employers to provide sick pay and that this should change. The Tanaiste confirmed that discussions with unions and employer will get underway shortly.
I welcome the Labour Party Bill as an important contribution to the debate in this area. My colleague the Minister for Social Protection has dealt with the areas of the Bill relating to her Department. I will deal with the areas of the Bill which are currently the responsibility of the Department of Justice, but which will shortly move to the Department of Children.
This Private Members Bill calls for an extension of force majeure parental leave where a child’s school or childcare provider is closed due to an outbreak of Covid-19.
The House will be aware that Force Majeure leave is a form of paid leave provided for under the Parental Leave Act 1988 and the Parental Leave (Amendment) Act 2006. It is intended to provide for short periods of leave for urgent family situations where a close family member is ill or has been injured. The maximum amount of leave allowable is three days in any 12-month period or five days in a 36-month period.
It is important to acknowledge from the outset that it is probable that if an employee suspects their child has COVID-19, the employer may not want that employee to attend the workplace until clarity has been brought.
That aside, there are a number of issues with the Bill which would need to be considered further.
Force Majeure leave applies in emergency situations when an employee must deal with an urgent family crisis. The proposed legislation however would place it on a more long-term footing similar to other family leaves but without considering the necessity for some notice period. That would need to be looked at.
The Bill does not take account of possible work-from-home arrangements that may be in place and this would need to be looked at further.
I believe that the government’s position that the Minister for Social Protection and the Tanaiste and Minister for Enterprise, Trade and Employment would commence a consultation with unions and employers is the correct approach.
It will ensure that we can give proper consideration to reforming Ireland’s statutory sick pay laws and any related change to illness benefit. It will allow research into the extent of the problems identified by this Bill. It will also allow a full evaluation of the costs the Bill as drafted would place on employers, particularly small and medium sized enterprises that have been severely hit by Covid-19. It appears that the Bill as drafted would place most if not all of the cost of these proposals on employers at a time when many businesses are struggling to keep their doors open and their employees in jobs.
The Government is committed to supporting working parents and to developing solutions that will meet their needs. I look forward to discussions with unions and employers getting underway shortly.