sick leave
Newsletter December, 2023December, 2023
- On 9 November 2023, the Court of Justice of the European Union ruled that Article 7 of Directive 2003/88 on certain aspects of the organisation of working time, in particular annual leave, does not preclude national rules or practices that limit the entitlement to paid annual leave once an employee has returned to work after a long period of incapacity.
- Long periods of illness, even consecutive ones can result in a worker's absence, which defeats the purpose of the leave itself, namely to help the worker rest and benefit from a period of relaxation.
- Consequently, on his return, the employee has no absolute right to take it.
November, 2023
- On 25 September 2023, the Workplace Relations Commission (WRC) rejected an employee claim, stating that employers who offer employees more favourable sick leave benefits are not obliged to pay statutory sick leave.
- It is the first decision rendered on the issue after the Sick Leave Act 2022 (the Act) which came into force on 1 January 2023.
November, 2023
- On 15 September 2023, the New York City Department of Consumer and Worker Protection amended the rules governing the city's Earned Safe and Sick Time Act (ESSTA), which requires employers to provide safe and sick leave to eligible employees working in New York City in an amount depending on employer size.
- The new rules provide essential clarifications and guidelines to comply with the Act, including how to determine the employer's size and count remote workers in light of increasing digitisation.
- The amendments took effect on 15 October 2023.
August, 2023
- On 3 July 2023, Decree-Law no. 53/2023 which regulates de Decent Work Agenda was published in the Official Gazette.
- Thee Decent Work Agenda, approved by Law no. 13/2023 of 3 April 2023, provides measures to improve working conditions and the conciliation of employees' professional and family lives.
- The Decree entered into force on 6 July 2023 and takes effect retroactively since 1 May 2023.
March, 2023
- On 3 March 2023, the Federal District Court of Puerto Rico ruled that Puerto Rico Act No. 41 of 20 June 2022 (Act No. 41) was approved in violation of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
- It also stated that changes to local employment statutes provided by the Act are null and void ab initio.
July, 2022
- According to the latest data, absenteeism at work is a phenomenon that has been growing enormously in recent times especially after the pandemic and can have a significant impact on business.
April, 2022
- On 5 May 2022, the International Labour Organisation (ILO) launched a new global report that highlights the role played by collective bargaining (CB) during the pandemic.
- In the first of a series of flagship reports on Social Dialogue, it presents the role of CB in the advancement of equality and inclusion.
March, 2022
- On 25 February 2022, the Government published the Employment (Amendment) Bill 2022.
- It aims to find a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits and to minimise labour disputes arising from COVID-19 issues.