Social Welfare Consolidation Act 2005 section 52

52 Entitlement to benefit

Section 52 establishes who qualifies for Health and Safety Benefit and how the daily payment amount is calculated.

  • A pregnant or breastfeeding employee qualifies for Health and Safety Benefit when granted health and safety leave by her employer because workplace risks cannot be removed or alternative duties provided.
  • Eligibility requires a medical certificate confirming pregnancy or recent childbirth, employer certification of health and safety leave, and satisfaction of the PRSI contribution conditions set out in section 53.
  • The employer pays the employee's normal wage for the first 21 days of health and safety leave; the Department of Social Protection pays Health and Safety Benefit thereafter.
  • Sundays are excluded from benefit entitlement, so the daily rate is one-sixth of the weekly rate, with amounts rounded to the nearest 10 cent.

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