Question:  

An employee was employed from 1st June 2007 until 31st December 2017 when her position will be made redundant. She has been absent on certified sick (ordinary illness) leave since 1st April 2017 and will not return to work before 31st December 2017. Prior to this absence, she was absent on certified sick leave from 1st February 2010 to 31st July 2011. How do these absences affect how her reckonable service is calculated for statutory redundancy purposes?

Answer:  

Under the Redundancy Payments Acts 1967 to 2014:

• All absences which occurred prior to the 3 year period ending on the date of termination are fully reckonable for statutory redundancy purposes. Hence the absence on sick leave in 2010 and 2011 is fully reckonable for redundancy purposes.

  Any period of absence due to illness in excess of 26 weeks which occurs during the 3 year period ending with the date of termination does not count as reckonable service for redundancy purposes. Hence the first 26 weeks of the absence in 2017 are fully reckonable for statutory redundancy purposes, and the remaining 3 months (93 days) are not reckonable for statutory redundancy purposes.