Sick Leave Act 2022
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Definitions | ||
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2. (1) In this Act— | ||
“Act of 2015” means the Workplace Relations Act 2015 ; | ||
“contract of employment” means, subject to subsection (2)— | ||
(a) a contract of service or apprenticeship, or | ||
(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency (within the meaning of the Protection of Employees (Temporary Agency Work) Act 2012 ), and is acting in the course of that business, to do or perform personally any work or service for another person (whether or not that other person is a party to the contract), | ||
whether the contract is express or implied and, if express, whether it is oral or in writing; | ||
“employee” means a person who has entered into or works (or, where the employment has ceased, entered into or worked) under a contract of employment and references, in relation to an employer, to an employee, shall be construed as references to an employee employed by that employer; | ||
“employer” means, in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer and includes, where appropriate, the successor of the employer or an associated employer of the employer; | ||
“Minister” means the Minister for Enterprise, Trade and Employment; | ||
“prescribed” means prescribed by regulations made by the Minister under this Act; | ||
“statutory sick leave” means the entitlement of an employee to be paid statutory sick leave payment by his or her employer in respect of a statutory sick leave day; | ||
“statutory sick leave day” has the meaning given to it by section 5 ; | ||
“statutory sick leave payment” has the meaning given to it by section 7 . | ||
(2) For the purposes of this Act— | ||
(a) a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Commissioners Act 1956 , shall be deemed to be an employee employed by the State or Government, as the case may be, under a contract of service, and | ||
(b) an officer or servant of a local authority for the purposes of the Local Government Act 2001 , a harbour authority or the Health Service Executive or a member of staff of an education and training board shall be deemed to be an employee employed by the authority, Executive or board, as the case may be, under a contract of service. | ||
(3) For the purposes of this Act, one employer shall be taken to be associated with another employer— | ||
(a) if one is a body corporate of which the other (whether directly or indirectly) has control, or | ||
(b) if both are bodies corporate of which a third person (whether directly or indirectly) has control. |