Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

Dave Curran  SITPU

 Employee Relations Department

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001067

01/02/2023

The worker is a Public Health Nurse suffering from Long Covid, the employer is a public health provider.

Additional correspondence was received from the parties up to 5 July 2024.

The worker has been employed as a Public Health Nurse for many years.  She suffers from Long Covid and was out sick.  She returned to work but a short while later had to go out on sick leave again.  The policy allows for a phased return to work while still on special leave with pay.  The worker submitted that this should have been applied to her.

The workers position that the employer has incorrectly applied the policy for her and as such she has been made use her sick pay and annual leave for her covid-related absence, when she should have been in receipt of Special Leave with Pay (SPWL).  The worker’s position is that she fulfilled all four conditions applying to the SPWL policy and that she should not have had to run down her normal sick leave entitlements.

The employer’s position is that the worker did not fulfil the preconditions to qualify of the Special Leave with Pay and unfortunately, she did not qualify for the scheme.  The employer concluded that the worker had exhausted her sick leave entitlements.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

Comprehensive submissions were made by both parties, including detailed circulars concerning the payment of the Special Leave with Pay scheme.

The employee’s work pattern was a 4-day week.  She tested positive for Covid 19 on two occasions.  On the second occasion, she was due to return to work on a phased basis from March 2021.  50% of her week would be covered under the SPWL.  The worker did not return to work during this time and so claimed the other 50% of her work pattern from her annual leave allowance in order to continue to receive her full rate of pay. Although she tried to return to work on a phased basis, she suffered a relapse, and the worker went absent on sick leave from 12 May 2021.   In June a review by the Occupational Health team took place and recommended a continuation of the phased return to work.  The worker remained absent from the workplace until 30 August 2021, during the period she was paid normal sick leave.  This meant that ultimately the worker expended her annual leave and exhausted her sick leave scheme by September 2021.

The period from May to August was not viewed as being related to her previous Covid 19 positive result and accordingly it was determined by the employer that she did not fall to be considered under the SLWP scheme.  However, sick certificates from her GP and the documentation from the Occupational Health professionals indicated that the worker continued to suffer from symptoms arising from Covid 19.  Although the Occupational Health assessments do not specifically mention Covid 19, it is clear that they do make reference to ongoing symptoms.

Accordingly, both her GP and the Occupational health specialist have certified that the worker was suffering from residual covid related issues.  On the basis of the foregoing, I conclude that the worker falls within the qualifying criteria and was entitled to be in receipt of Special Leave with Pay during the period 11 May until her return to work on a phased basis in August 2021.

As to the delay in the processing of grievances, the refusal and delay in dealing with the grievance raised added to the stress upon the worker.

Industrial relations – interpretation of a circular in specific circumstances.