Redundancy Payments Act 2003
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Amendment of Schedule 3 to Principal Act (Amount of lump sum). |
12.—Schedule 3 to the Principal Act is amended— | |
(a) by substituting the following for paragraph 5: | ||
“5. Where an employee's period of service has been interrupted by any one of the following— | ||
(a) any period by reason of— | ||
(i) sickness, | ||
(ii) lay-off, | ||
(iii) holidays, | ||
(iv) service by the employee in the Reserve Defence Forces of the State, | ||
(v) any cause (other than the voluntary leaving of the employment concerned by the employee) not mentioned in clauses (i) to (iv) but authorised by the employer, | ||
(b) a period during which an adopting parent was absent from work while on adoptive leave or additional adoptive leave under the Adoptive Leave Act 1995 , | ||
(c) a period during which an employee was absent from work while on— | ||
(i) additional maternity leave, protective leave or natal care absence within the meaning of the Maternity Protection Act 1994, | ||
(ii) parental leave or force majeure leave within the meaning of the Parental Leave Act 1998 , or | ||
(iii) carer's leave within the meaning of the Carer's Leave Act 2001 , | ||
(d) any period during which an employee was absent from work because of a lock-out by the employer or because the employee was participating in a strike, whether such absence occurred before or after the commencement of this Act, | ||
continuity of employment shall not be broken by such interruption whether or not notice of termination of the contract of employment has been given.”, | ||
(b) by substituting the following for paragraph 8: | ||
“8. During, and only during, the 3 year period ending with the date of termination of employment, none of the following absences shall be allowable as reckonable service— | ||
(a) absence in excess of 52 consecutive weeks by reason of an occupational accident or disease within the meaning of the Social Welfare (Consolidation) Act 1993 , | ||
(b) absence in excess of 26 consecutive weeks by reason of any illness not referred to in subparagraph (a), | ||
(c) absence by reason of lay-off by the employer. | ||
8A. The following absences shall be allowable as reckonable service: | ||
(a) a period during which an adopting parent was absent from work while on adoptive leave under the Adoptive Leave Act 1995 , | ||
(b) a period during which an employee was absent from work while on— | ||
(i) additional maternity, protective leave or natal care absence within the meaning of the Maternity Protection Act 1994, | ||
(ii) parental leave or force majeure leave within the meaning of the Parental Leave Act 1998 , or | ||
(iii) carer's leave within the meaning of the Carer's Leave Act 2001 , | ||
(c) any absences not mentioned in paragraphs (a) or (b) but authorised by the employer.”, | ||
and | ||
(c) by substituting the following for paragraph 10: | ||
“10. During, and only during, the 3 year period ending with the date of termination of employment, absence from work by reason of a strike in the business or industry in which the employee concerned is employed shall not be allowable as reckonable service.”. |