The final shape of new certified sick leave arrangements, due to come into force for most public servants on 1^st January, is likely to be determined by binding arbitration in the Labour Court.

Discussions about a protocol on how critical illnesses will be handled under the new arrangements, which have been underway for some months, are now heading towards a conclusion. But management has taken a robust position on some key issues, making agreement impossible.

Outstanding issues are likely to be referred back to the Labour Court, whose original binding recommendation set up the talks.

From 1^st January, paid certified sick leave for non-critical illnesses will be halved to three months on full pay, followed by three months on half pay in any four-year period. But IMPACT and other unions have ensured that current arrangements – six months paid sick leave, followed by six months on half pay – will remain in cases of critical illness. The current talks focus on how this will be applied.

In a letter to union branches this week,  IMPACT general secretary Shay Cody outlined how the distinction between critical and non-critical illnesses was likely to be handled. IMPACT is trying to ensure that the criteria take account of the particular circumstances of mental health, disability and pregnancy-related illness. No agreement has yet been reached on these matters, which will likely be referred to the Labour Court.

Under the arrangements, sick leave taken over the last four years will be taken into account when calculating eligibility for paid leave. But a one year ‘look back’ mechanism will also remain in place. There are more details about this in Shay Cody’s recent letter to branches.

Unions have already ensured that existing schemes for occupational illnesses or injuries will remain unchanged.