The FOI received a query from its members on whether an employee, who sustains a personal injury out of and in the course of employment, that renders him/her incapable for work for a particular period, is entitled to any benefits.

The Employment and Industrial Relations Act 2002 (EIRA) clearly states that an employee who is incapable for work due to an accident (which led to personal injury), sustained out of, and in the course of, his employment, is still entitled to his wages up to a maximum of 12 calendar months of incapacity.

This benefit is colloquially known as injury leave and it is taken over and above any sick leave entitlements. During these 12 calendar months of incapacity, even though the employee in question is incapable for work, the employer cannot terminate his contract of employment, unless there is the consent of the employee (the above does not apply beyond the first 12 calendar months of incapacity).

Once capable for work again the employee, within seven days of the cessation of this incapacity, has to make a request in writing to the employer for reinstatement. Within 21 days from this request the employer must reinstate the employee in his/her former employment.

However, if the personal injury, which led to his incapacity for work, renders the employee unfit for his former employment, the employer will reinstate the employee in another suitable employment, if this is available.