QUESTIONS ANSWERED IN THIS SECTION:

• I am temporarily closing my business and laying off employees. Can I contact an employee on long term sick leave to let them know?
• I have an employee due to return from protected leave. Can I place them on temporary layoff or short time?

 

I am temporarily closing my business and laying off employees. Can I contact an employee on Long Term sick leave to let them know?

When an employee is on sick leave, an employer has a right to maintain “Reasonable contact”. These circumstances would be considered reasonable contact. If informing an employee who is on long term sick leave that they are being temporarily laid off, it is important to include the following in the communication:

• Outline that this will not affect any social welfare claim the employee may have
• Outline why the measures are being taken
• Outline the expected time frame for the lay off
• Confirm who the employee can contact should they wish to discuss the layoff
• Confirm that someone from the organisation will be available to meet with the employee if they wish
• Outline the procedure for informing the employer if they are certified fit to work during the period of lay off
• Confirm what financial supports are available to them should they be certified fit to work during the layoff period
• Confirm the chosen method of communication with the workforce, and the expected frequency of the communication
• Give details of any EAP or other supports in place to support the employee.

 

I have an employee due to return from protected leave. Can I place them on temporary layoff or short time?

Protected leave includes maternity leave, paternity leave, adoptive leave, parental leave or carer’s leave. In all these instances an employee returning to work after leave is entitled to return to the same job or similar terms and conditions if the same job is no longer available.

This may prove difficult in the current climate; however, employers need to be extremely aware that current employment legislation is still enforceable.

If the entire business, or the employee’s entire department has been affected, these measures can be put in place when the employee returns to work. If others in the department/workplace remain working, while the employer intends to place an employee coming back from protected leave on short time or layoff, they could face a claim under the relevant leave act or the employment equality act.

If an employee on protected leave is due to return to work, and will be placed on temporary layoff or short time, an employer should communicate this in advance of the employee returning to work.