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  #1  
Old 16-02-2004, 11:26 PM
littleMo
 
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Default Allowances for unemployment due to illness

A friend of mine has to quit her job due to illness.
She asked to work partime until she recovers but the employer said that they
could not facilitate this.
She does'nt have any provisions in her contract for sick pay so she has no option but to quit.What benefits is my friend entitled to while she is unable to work -
at the moment its looking like she'll need 2-3months to recoup.
She is living in rented accommodation and is wondering if she'll qualify for
any allowances while she is unemployed ?
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  #2  
Old 16-02-2004, 11:43 PM
rainyday
 
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Why doesn't she get a sick cert from her doctor? Even if she is not getting sick pay, this would allow her to go back to her job once she recovers.
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  #4  
Old 17-02-2004, 12:13 AM
littleMo
 
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Default Re:allowances

Basically theres nothing in her contract to say her employer has to pay her sick pay and as far as I know theres no legal requirment to do so if not specified by contract.
She showed them a doctors cert that recommended she work no more than 2 days a week but they said they need someone fulltime and they dont want to hire someone else partime.
So she has no choice but to resign.
Problem is if she quits then I dont know if she'll get any benefits or allowances..??
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  #5  
Old 17-02-2004, 12:20 AM
 
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Default Re: Re:allowances

She should contact the DETE employment rights section (link above) and ask them to explain her rights in this situation to her before she does anything rash. If she does have to quit and has sufficient PRSI contributions she may qualify for a disability allowance or other welfare payment.
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  #6  
Old 17-02-2004, 09:44 PM
machalla
 
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Default Re: Re:allowances

I was in a similar situation a year or so ago.

I was ill and unable to work for about 3 months (certified by Doctor). Employer was doing badly (appalling management) as it was so they basically made me redundant with a months notice pay. I enquired into it with government department and they said that basically the company could do this and get away with it with no comeback from me. I was on disability allowance for about 3 months or so (this was exactly the same amount of money as what i would have gotten on social welfare). The advantage of disability allowance is that it doesn't eat into your PRSI contributions and effectively is as if your PRSI is continuing to be paid as if you are still employed (as I understand it). It does get reviewed after about 3 months though dependent on illness.

There may be some exemptions made regarding rent and so on if Landlord is happy to declare themselves to the revenue (or has already done so) and willing to accept rent allowance. Not to sure what else can be done though. I was living at home at the time I was ill so it worked out ok at that point.
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  #7  
Old 17-02-2004, 09:49 PM
 
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Default Re: Re:allowances

For what it's worth whenever somebody is not covered by compulsory PRSI payments then they may be able to elect to make voluntary PRSI contributions although they don't count for all normal PRSI benefits (e.g. treatment benefit, unemployment benefit etc.):

www.welfare.ie/publications/sw8.html
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  #8  
Old 18-02-2004, 07:57 AM
BG
 
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litleMo,
If your friend 'Resigns' (and she would be ill advised to do so)she will be giving up a job she HAS an entitlement to and as such may not be entitled to a social welfare payment. She cannot be told to give up work due to illness. How long has she been working for this employer? She should definitely check out the web-links mentioned. She could also get information from her local Citizens' Information Service.
In the absence of her employer making a decision on which 2 days theywant her to work I think she should put the problem to her doctor. Based on her working the first two days of the week - ie. the Max her doctor says she should work - she should get a cert for the remainder. Social Welfare will make a payment in respect on her 'Sick days' her employer must pay her for the days worked. She should definitely seek out the other advice by earlier contributors.
bg
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  #9  
Old 18-02-2004, 05:40 PM
Elcato
 
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Read an article in yesterdays I. Times where a woman who was dismissed for having anorexia won her case for wrongful dismissal. This sounds similar and while I don't necessarily advise at running out and getting a lawyer you should persue the matter with the DETE and SW to clarify all matters. I think BG's suggestion is a good one to persue also regarding Citizens advice.
Hope all goes well but make sure that your health is the first course of action.
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  #10  
Old 01-03-2004, 09:03 PM
shoegirl
 
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Default Sick certs etc

If she is sick she should get her doctor to sign a form for sickness payments. She'll only get 134 or so a week but its better than nothing, and she might be able to get a medical card depending on how long she's off - not sure. She definitely could get rent allowance but CWO may not like the fact that she's intending to return to work - the rent payment is discretionary, not statutory, so they are entitled to be picky and unfair.
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