Private Schools Wages Council Wage Regulation Order

L.N. 154 of 2010

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Private Schools Wages Council Wage Regulation Order

(Amendment) Order, 2010

IN exercise of the powers conferred by articles 4 and 48 (2) of

the Employment and Industrial Relations Act, the Prime Minister

has made the following order:-

The title of this order is the Private Schools Wages Title.

Council Wage Regulation Order (Amendment) Order, 2010 and it

shall be read and construed as one with the Private Schools Wages

Council Wage Regulation Order, 1977 hereinafter referred to as L.N. 60 of 1977.

“the principal order”.

In the Schedule to the principal order

(a) in paragraph 3 thereof

(i) for the definition “part-time teacher” there

shall be substituted the following

“ “part-time teacher” means a teacher whose

normal hours of work, calculated on a weekly basis

or on average over a period of employment of up

to one year, are less than the normal hours of work

of a comparable whole-time teacher and who is not

a whole-time teacher with reduced hours;”; and

(ii) for the definition “whole-time teacher” there

shall be substituted the following

“ “whole-time teacher” means a teacher who

is deemed to be a whole-time teacher in terms of

any recognized conditions of employment.”; and

(b) for paragraph 7 thereof there shall be substituted

the following

“7. (1) After the completion of three months

continuous service, whole-time teachers shall in any

scholastic year be entitled to the equivalent in hours of

fifteen school days sick leave on full pay, less an amount

equal to the sum set for sickness benefit entitlement at

the rate established under the Social Security Act, and

part-time employees shall have a pro rata entitlement

to sick leave in hours on full pay, less an amount equal

to the sum set for sickness benefit entitlement at the rate

established under the Social Security Act, which amount

is also to be calculated on a pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid in full by the employer;

(b) a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if such period of absence is

longer than seven days, within seven days of the

onset of sick leave absence;

(c) employees in receipt of a social security

pension in respect of retirement or widowhood

in terms of the Social Security Act shall, for the

purpose of calculating the sick leave pay due, be

deemed to have received an amount equal to the

sum set for sickness benefit entitlement at the rate

established under the Social Security Act.

(2) After the completion of three months

continuous service, whole-time teachers shall in any

scholastic year be entitled to the equivalent in hours of

a further fifteen school days sick leave on half pay, less

an amount equal to half the sum set for sickness benefit

entitlement at the rate established under the Social

Security Act, and part-time employees shall have a pro

rata entitlement to sick leave in hours on half pay, less

an amount equal to half the sum set for sickness benefit

entitlement at the rate established under the Social

Security Act, which amount is also to be calculated on a

pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid at half pay by the employer;

(b) a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if such period of absence is

longer than seven days, within seven days of the

onset of sick leave absence;

(c) employees in receipt of a social security

pension in respect of retirement or widowhood

in terms of the Social Security Act shall, for the

purpose of calculating the sick leave pay due, be

deemed to have received an amount equal to half

the sum set for sickness benefit entitlement at the

rate established under the Social Security Act.

(3) The employer may require a medical

certificate by his own physician to certify incapacity for

work during the period of absence.

(4) The sick leave entitlement granted by

virtue of this paragraph shall be calculated on the basis

provided for annual leave as specified in regulation 8(1)

of the Organisation of Working Time Regulations.”.

L.N. 247 of 2003.

(c) in paragraph 11 thereof

(i) for the definition “part-time employee” there

shall be substituted the following

“ “part-time employee” means an employee

whose normal hours of work, calculated on a

weekly basis or on average over a period of

employment of up to one year, are less than the

normal hours of work of a comparable whole-time

employee and who is not a whole-time employee

with reduced hours;”; and

(ii) for the definition “whole-time employee”

there shall be substituted the following

“ “whole-time employee” means an

employee who is deemed to be a whole-time

employee in terms of any recognized conditions of

employment.”; and

(d) for paragraph 17 thereof there shall be substituted

the following

“17. (1) After the completion of three months

continuous service, whole-time employees shall in every

calendar year be entitled to the equivalent in hours of

ten days sick leave on full pay, less an amount equal to

the sum set for sickness benefit entitlement at the rate

established under the Social Security Act, and part-time

employees shall have a pro rata entitlement to sick leave

in hours on full pay, less an amount equal to the sum set

for sickness benefit entitlement at the rate established

under the Social Security Act, which amount is also to

be calculated on a pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid in full by the employer;

(b) a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if

such period of absence is longer than seven

days, within seven days of the onset of sick leave

absence;

(c) employees in receipt of a social security

pension in respect of retirement or widowhood

in terms of the Social Security Act shall, for the

purpose of calculating the sick leave pay due, be

deemed to have received an amount equal to the

sum set for sickness benefit entitlement at the rate

established under the Social Security Act.

(2) After the completion of three months

continuous service, whole-time employees shall in every

calendar year be entitled to the equivalent in hours of a

further ten days sick leave on half pay, less an amount

equal to half the sum set for sickness benefit entitlement

at the rate established under the Social Security Act, and

part-time employees shall have a pro rata entitlement to

sick leave in hours on half pay, less an amount equal to

half the sum set for sickness benefit entitlement at the

rate established under the Social Security Act, which

amount is also to be calculated on a pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid at half pay by the employer;

(b) a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if such period of absence is

longer than seven days, within seven days of the

onset of sick leave absence;

(c) employees in receipt of a social security

pension in respect of retirement or widowhood

in terms of the Social Security Act shall, for the

purpose of calculating the sick leave pay due, be

deemed to have received an amount equal to half

the sum set for sickness benefit entitlement at the

rate established under the Social Security Act.

(3) After the completion of three months

continuous service, whole-time employees shall in every

calendar year be entitled to the equivalent in hours of a

further ten days sick leave without pay, and part-time

employees shall have a pro rata entitlement to such sick

leave without pay.

(4) The employer may require a medical

certificate by his own physician to certify incapacity for

work during the period of absence.

(5) The sick leave entitlement granted by

virtue of this paragraph shall be calculated on the basis

provided for annual leave as specified in regulation 8(1)

of the Organisation of Working Time Regulations.”.

B

€0.56