PROLONGED ILLNESS
1. What Is Prolonged Illness Leave?
This is a special type of leave given to employees to help them recover from certain specific ailments. These ailments are usually the very serious ones which require prolonged treatment and rest. It is what is known as a "contingency" benefit - i.e. a benefit provided and enjoyed only when specific conditions are present.
2. Why Is It That Not All Employers Are Providing This Benefit?
That's mainly because the labor laws do not require it to be given. As far as the labor laws are concerned, the provisions for sick leave are deemed as sufficient for the majority of all cases without burdening the employer with too much cost. Anything more that the employer wants to give, he must decide for himself according to his ability to pay it.
Therefore, for those employers who choose to provide this benefit, it is because they have chosen to provide for it.
On the other hand, you will find that this benefit is often provided for in Collective Agreements, meaning that the trade unions usually make it a point to ask for this benefit from the employer. Bear in mind though, even when a trade union asks for it, it does not mean that the employer is compelled to give - there is still the element of willingness, or agreement to do so for whatever reasons.
Note also some employers do not find it comfortable to declare such leave as form of standard benefit. But they do consider extending the leave period to employees who need it on a case to case basis.
3. What Kinds of Illness Would Entitle A Person To Such Leave?
There is no hard and fast rule, but employers commonly determine a list of illnesses which an employee may suffer from in order to be entitled to it. The most common illnesses listed are usually cancer, leukemia, hepatitis, polio, stroke, or even AIDS (because AIDS is no longer considered the result of promiscuity or drug abuse alone). Being a benefit given voluntarily, the employer has the right to decide, but again, in the case of Collective Agreement, the list would have been decided after mutual consultations and agreement.
4. How Does This Leave Work In Relation To Sick Leave and Hospitalization Leave?
An employee who is sick is to use up the normal sick leave and hospitalization leave first, as provided by the employer. When it is comes to a point that such leave is exhausted, the employee can then apply for the Prolonged Illness Leave, and continue on from where the normal sick and hospitalization leave ends.
At the employee's application, the employer must satisfy himself that the illness falls within those as identified to be entitled. If the sickness does not fall within those identified, then the primary condition for entitlement is not met and the employer does not have to grant it.
As an example, an employee meets with a serious accident as a result of which he is unable to report to work for 4 months. After 60 days, all his sick and hospitalization leave would have been exhausted. But as an accident does not normally come under the entitlement for Prolonged Illness Leave, the employer is unlikely to grant it.
5. What Other Conditions Should Be Met In Order To Provide This Leave?
It is up to the employer really, to decide on this or what has been agreed with the union. Again, the most common condition would be that the employee should at least be confirmed employee, or that the employee must have served a minimum period of time with the company.
6. What Is Quantum /Value of Such Leave?
The practice varies widely. To illustrate this point see the following table :-
Company A May Do This:-
- Less than 1 year service - 4 months unpaid
- If 1 year service or more:-
- First 3 months at full pay
- Second 3 months at 1/2 pay
- Third 3 months without pay
While Company B May Do Something Different, like:
- For confirmed employees with less than 1 year service
- First 1 month at full pay
- Second 1 months at 1/2 pay
- Third 1 months without pay
- For confirmed employees with 1 year service or more
- First 3 months at full pay
- Second 3 months at 1/2 pay
- Third 3 months without pay
There can be more imaginative variations than those shown above.
7. Isn't Providing For This Benefit A Very Expensive Affair?
If you are looking at it from the angle that 500 employees in the company every year is going to suffer from leukemia or come down with a stroke or some other illness like those listed - sure, it is going to be extremely expensive.
But that is not going to happen, is it? Do you really think employees are going to enjoy getting to enjoy the Prolonged Illness Leave, and the pay and time off that comes with it? I would think they would rather pay you money if you can take over the illness from them if they had been unfortunate enough to be a victim.
Being a contingency benefit, the chances of actually having to grant this benefit would really be minimal ( unless working conditions in the company contribute to high incidences of stroke, hepatitis, AIDS and what have you) and so it is not going to be costly at all. But to a victim of these illnesses, such leave provide a lot of comfort, mental and financial, both to the employee as well as family members. So it is a worthwhile benefit to provide after all.
