State illness benefit

For someone who is off sick for 3 up to months. Employer pays zero, after the first 3 days.

So employee has to apply to social welfare and will get €244 a week.

If the employer changes their mind and decides to pay full pay what happens? Does the employee send the money back to social welfare? Or just keep it and no one will be any the wiser anyway.

If there’s a debate going on, arguing re lack of pay so the employee delays sending the certs in, in the hope that they’ll get full pay.

Is there a time limit to make the application to social welfare?

Is there a risk of the negotiations don’t work out in their favour that they’ll be left with zero at the end of the 3 months.

My 22 cents is they the employee should apply in case the employer digs their heels in. I feel that’s more likely than not.

You're entitled to illness benefit regardless of what your employer's policies are. Apply for it.

As Clubman would ask, what does it say in the employment contract and/or company rule book?

The employee should claim their entitlement from the State and elect to have it paid into their own bank account.
The employer can pay: Nothing, Normal pay less Social Welfare, or Full pay and let the employee claim from social welfare if they want.

Ciru75 said:

You're entitled to illness benefit regardless of what your employer's policies are. Apply for it.

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I think it's linked to what your employer pays you because you have to provide details of who your employer so if your employer pays you the 5 days sick those days will be deducted off what social welfare will pay in illness benefit, you won't get paid both by welfare and employer for same days

If the employer decides to pay, they are dragging their heels on a decision, then he’s happy not to claim. But the contract says all sick leave (after first 5 days) is unpaid.

However the employee maintains that this clause was forced on them when the company changed hands last year. And they all signed under protest. Indeed they have been in (slow) discussions with the company since last year about this. But like everything it’s not urgent until it is….

When you apply for illness benefit and upload certs are you asked about whether you are being paid or not? I can’t recall, it’s been years since I was out sick. Like 15 years…

It's a long time since I was out sick also but I cannot recall SW asking about being paid. However, as per the terms of employer's sick leave policy, I was required to endorse the cheque and submit it to their pay department.

I would be surprised if cheques were still used but I think the principle is the same.

You can’t get paid twice .

These Revenue examples regarding the taxation of duck pay/illness benefit may be of some use in this context as they outline a few common scenarios.

joe sod said:

I think it's linked to what your employer pays you because you have to provide details of who your employer so if your employer pays you the 5 days sick those days will be deducted off what social welfare will pay in illness benefit, you won't get paid both by welfare and employer for same days

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The amount of the payment is less if you're on less than €300 per week but you're still entitled to a payment. Employers are required to pay sick pay for the first 5 days and illness benefit starts after that. If your employer pays more than 5 days of sick pay, you're still entitled to illness benefit but the contract of employment will probably require that the illness benefit is paid to the employer.