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With INMO director of industrial relations Phil Ní Sheaghdha
Query from member
As a job-sharer at the maximum of my scale, how will the Haddington Road Agreement affect my pay and what are the implications of having taken unpaid leave in 2013 and taking unpaid leave in the future?
Reply
The Haddington Road Agreement, at 2.24, set out that employees on the final point on the incremental scale and with salaries between €35,000 and €65,000, inclusive of allowances in the nature of pay, would be required to agree to one of the following:
Subsequent to the Haddington Road Agreement, the HSE, following negotiations with the trade unions, issued a circular on 18 December 2013 that also allowed the taking of unpaid leave as an option. In this circular it stated: “The taking of unpaid leave is an option, however, this would be the most costly option for employees as deduction will be based on the gross figure for the day’s pay, and considered to be special leave without pay. This should be brought to the attention of any staff member considering this option”. We have sought clarification from the HSE in respect of those that have taken unpaid leave since 2013 and it has been confirmed that this can be offset against this provision if unpaid leave has been taken.
You would be required to make a pro rata payment of these provisions because you are a job sharer. In other words, three annual leave days over the lifetime of the agreement or a pro rata of the amount of half of the most recent increment that you received.
In other words, you did not receive the full increment because you were on half salary; therefore, a half of what you actually received is what you would pay. As you are probably aware, the annual leave adjustment is a once-off, as is the payment and does not mean a permanent reduction to your annual leave and the lump sum payment is paid once, not each year.
I hope this clarifies your question and please feel free to contact us if you have any further questions on this matter.
Query from member
I sustained an assault from a patient at work and subsequently needed time off and physiotherapy. My employer is saying that this is normal sick leave. However, at a recent meeting on the changes to the new sick leave scheme, the INMO presented on the revised Physical Assault at Work Scheme for nurses and midwives. Can you please advise if I can seek inclusion in the revised Physical Assault at Work Scheme for this injury?
Reply
Yes, as previously advised to members, there is a scheme that covers physical assaults in the workplace. This scheme allows for pay inclusive of premiums that you would have earned had you not been assaulted, to be paid to you. In addition, the period of time spent absent from work is not considered sick leave. You should immediately make contact with your employer and request to be included in the revised ‘Physical Assault at Work Scheme’ for nurses and midwives. If this is denied, you have the right of appeal to an Appeals Board and you should seek assistance with the appeal from your local INMO industrial relations officer.
I trust this answers your question, but please contact us if you have any further queries on this issue.
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Questions and answers - Bulletin Board |