Strike, a word often bandied about in the media now, especially in connection with the large-scale strike in education planned for 27 November 2023. But what about the entitlement to sick pay? Are parents of children whose schools have been closed entitled to it?
Entitlement to sick pay because of a strike?
To employees Claim for sick pay due to the strike it doesn't belong. This is on the basis of Section 39 of the Act 187/2006 Coll., on sickness insurance. Paragraph 1) defines the conditions for entitlement to sick pay.
Under what conditions is an employee entitled to sick pay?
Claim for the employee's sick pay arises only for the following reasons:
- Treatment of a child under 10 years of age if the child has fallen ill or suffered an accident
- Another natural person whose medical condition, because of illness or injury, requires necessary treatment by another natural person, or a woman who has given birth if her condition at the time immediately after giving birth requires necessary treatment by another natural person
- Care for a child under 10 years of age if the school or childcare facility is closed by order of the competent authority due to an accident, emergency measure during an epidemic or other unforeseeable event
- Care of a child under 10 years of age who cannot be in the care of a school or other childcare facility, in whose day or weekly care he or she is otherwise, because of a quarantine order
- Caring for a child under 10 years of age because the individual who otherwise cares for the child has become ill, suffered an injury, been admitted for inpatient care, been admitted to a health care facility as a chaperone for a minor child admitted for inpatient care, given birth, or been ordered to quarantine and for these reasons cannot care for the child
It follows from the above that the closure of a school or other establishment due to a strike does not give rise to a claim for sick pay as it is not an unforeseeable event. A related point is that an employee is not entitled to important personal obstacles under section 191 of the Labour Code on account of nursing a child under the age of 10.
What is the solution for parents of children whose school is closed because of the strike?
Parents whose children are unable to attend school on Monday 27 November 2023 due to the strike can ask their employer to telework, so-called "homeoffice", if the nature of their work allows it. However, the employer is not obliged to comply with this request. However, it is obliged to justify why it did not allow the employee to work remotely.
Another solution for parents of children is taking leave, requesting unpaid leave or compensatory time off.
TIP: You can read more about the rules on teleworking after the amendment to the Labour Code read here ->
AVENSIO SW programme
You enter the holiday drawdown to the tab Compensation (Employee Card - Employment Relations) using user pay code 611 - AUTHORIZED, or another user pay code with system code 350 - AUTHORIZED.
Unpaid leave enter the user pay code with system code 413 - N. VACATION - ZP PRAC. on the tab Compensation (Employee Card - Employment Relations).
