Temporary COVID-19 Wage Subsidy Scheme - Effective from 4th May 2020

April 17, 2020

EMPLOYER UPDATE


Temporary COVID-19 Wage Subsidy Scheme

Effective from 4th May 2020 


The Wage Subsidy Scheme came into operation on the 26th March 2020 and provided financial support to Irish Companies affected by the Covid-19 crisis who, otherwise, may be unable to pay employees their wages arising from the COVID 19 crisis, and allows employers to continue to pay employees and to re-employ employees who may have been laid off.


This scheme has again been updated on the 15th April and these updates come into effect on the 4th May 2020 and run to the 26th June 2020. For April pay runs please refer top our Update of the 6th April 2020.


Employers must keep employees on the payroll throughout the COVID-19 pandemic so that employers retain their links with employees for when business picks up after the crisis and are encouraged to top up the subsidy, if they can, for the period of the scheme. A revised summary of the operation of the scheme is as follows: -


New Scheme Details 

  • Post 4th May 2020 the subsidy will refund employers the amount as follows: -

o 85% of net pay to a maximum of €350 per qualifying employee, where the employee’s normal net pay was €412 p.w. or less

o 70% of net pay to a maximum of €350 per employee where the normal net pay was between €412p.w. and €500 p.w

o 70% of net pay to a maximum of €410 per employees where the normal net pay was between €501p.w. and €586 p.w

o 70% of net pay for employees with previous net pay between €586 - €960 per week subject to a maximum that is based on a tiered approach which varies the maximum depending on the amount paid by the employer and the level of any reduction in pay that has been imposed on that employee as follows:

Gross amount paid by the Employer                  Subsidy Max

Up to 60% of normal net                                             €350

Between 60%-80% of net                                         €205


  • A tapering of the subsidy will apply to all cases where the gross pay paid by the employer and the subsidy exceed the previous normal net weekly pay. This will be calculated by subtracting the amount paid by the employer from the previous average net weekly pay. This is to ensure that no employee would be better off under the scheme.
  • The subsidy will also now support employees where the average net pre-COVID-19 salary was greater than €76,000, (gross) and their gross post-Covid salary has since fallen below €76,000. The tiered arrangement for gross incomes in excess of €38,000 (€586) will apply in such circumstances.
  • Employers are requested to top up, if possible, to no more than the normal take home (net) pay, but must pay a top up of at least € .01
  • Income tax, PRSI, LPT and USC will not be applied to the subsidy at the time of payment. This will be balanced at year end.
  • Employee PRSI will not apply to the subsidy or top up payments.
  • Employers PRSI will not apply to the subsidy and will be reduced from 11.5% to 0.5% on the top up payment. (Class J9)
  • All other conditions of the scheme continue to apply as set out below.


Who does the scheme apply to?

The Scheme is open to businesses, excluding the public service and non-commercial semi-state sector, who are being adversely impacted by the pandemic and they: -

  • retain staff on payroll or re-employ laid off staff, whether they are on reduced hours and/or reduced pay.


The employer meets the conditions set out below and subject to the levels of pay given to the employees.


Scheme Qualification 

Employers must: 

  • be experiencing a significant negative economic disruption due to Covid-19
  • Applications will be self-assessed – employers must presume this will be checked at some date with potential serious consequences for any unsustainable claim
  • be able to demonstrate, to the satisfaction of Revenue, an expected minimum of a 25% decline in turnover in Q2
  • be unable to meet normal wages and normal outputs fully.

Employees must:

  • have been on the employer’s payroll as at 29 February 2020, and
  • for whom a payroll submission has already been made to Revenue in the period from 1 February 2020 to 15 March 2020.
  • be employees who were laid off after 29th February and are taken back onto the payroll.
  • If an employee has more than one job the employer applies 70% of what they are paying the employee.


Publication: 

The names of employers operating this scheme will be published on Revenue’s website in due course, after the scheme has expired.


Employer Registration: 

Any employer, already registered with Revenue for the Employer COVID-19 Refund Scheme, is not required to take any further action. The employer may make payroll submissions from 26 March 2020 under the subsidy scheme arrangements on the same basis as they were doing for the Employer Refund Scheme.


Employers wishing to register for the scheme can apply to Revenue by logging on to ROS myEnquiries and select the category ‘Covid-19: Temporary Wage Subsidy’.


  • Read the “Covid-19: Temporary Wage Subsidy Self-Declaration” and press the ‘Submit’ button.
  • Ensure bank account details on Revenue record are correct. These can be checked in ROS and in ‘Manage bank accounts’, ‘Manage EFT’. Enter the refund bank account that the refund is to be made to.


Operating the scheme from Thursday 26th March 2020 

Transitional Phase - The employer runs the payroll as normal, entering the following details for each relevant employee under the Scheme:

  • PRSI Class set to J9.
  • A non-taxable amount equal to 70% of the employee’s net take home pay subject to the €410/ €350 maximum.
  • If an employer is not making any payment to the employee, they should include a pay amount of €0.01 in Gross Pay.
  • If an employer is making additional wage payments they should include this amount in the Gross Pay.
  • It is important that employers do not include the Temporary Wage Subsidy payment in Gross Pay.
  • The additional payment, which cannot be re-grossed, are liable to income tax and USC
  • Net pay must not exceed average weekly net pay


The payroll submission must include pay frequency and period number and will not be processed for refund until 4 days before the pay date.


Normal Weekly Net Pay

This is the Average Net weekly pay for January and February 2020 based on revenue returns by 15th March 2020.

  • Take the employee’s “Gross pay” and from it subtract the “Income Tax Paid”, the “USC Paid” and the “Employee PRSI Paid”.
  • Total this figure for each pay date in Jan and Feb 2020 and divide this by the number of insurable weeks (capped at 9) for the period.
  • This gives the employee’s average pay that is to be used for the subsidy amount
  • Pension and other voluntary deductions can only be made from the “top-up” payment provided funds are sufficient.


The payment of the Temporary Wage Subsidy and any additional income paid by the employer may result in the refund of Income Tax or USC already paid by the employee. Any Income Tax and USC refunds that arise as a result of the application of tax credits and rate bands can be repaid by the employer and Revenue will also refund this amount to the employer.


Employers must not operate this scheme for any employee who is making a claim for duplicate support (e.g. Pandemic Unemployment Payment) from the DEASP.


Where an employee is not covered by this scheme they may still be able to avail of the Covid 19 Pandemic Unemployment Payment or Short-time Work Support/Job Seekers benefit.


Please note Penalties will apply to any abuse of the Subsidy Scheme by self-declaring incorrectly, not providing funds to employees or non-adherence to Revenue, and any other relevant, guidelines.


This update is for guidance only and is provided by the MSS HR Support Service

 

Further details on the update or about our services may be obtained from:

John Barry/Tara Daly/ Hugh Hegarty at Tel: 01 8870690

 

Email: info@mssirl.ie Website: www.mssthehrpeople.ie

 

Useful links for more information:-

https://revenue.ie/en/employing-people/documents/pmod-topics/guidance-on-operation-of-temporary-covid-wage-subsidy-scheme.pdf

https://revenue.ie/en/corporate/communications/documents/guidance-on-employer-eligibility-and-supporting-proofs.pdf


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A recent Workplace Relations Commission (WRC) decision highlights the significant risks employers face when they fail to follow fair procedures in managing employee illness and highly sensitive personal circumstances. In this case, a sushi chef who was dismissed shortly after suffering a miscarriage was awarded €8,000 in compensation for unfair dismissal. The decision serves as an important reminder to employers that regardless of previous concerns around attendance or conduct, employers must act reasonably, compassionately and in accordance with fair procedures. Background of the Case The complainant was employed as a sushi chef with Beacon Sushi Limited. In early 2024, she informed her employer that she was unwell and subsequently confirmed that she had suffered a miscarriage. She later provided a medical certificate covering her absence from work. Approximately five days after the miscarriage, the employee received a WhatsApp message notifying her that her employment was being terminated and that she was expected to work her notice period, even though she was medically unfit to do so at the time. The employer claimed that the dismissal was due to concerns regarding timekeeping and the employees alleged failure to follow the company’s absence reporting procedures. WRC Findings The WRC adjudication officer found that the dismissal was unfair and was critical of the manner in which the employer handled the situation. The WRC noted that the dismissal letter did not set out any clear reasons for termination and that no meeting was held with the employee prior to the decision being made. In addition to this, the employee was never given an opportunity to respond to the concerns raised, nor was she afforded a right of appeal. The adjudicator also considered that the employer was aware of the employee’s medical circumstances when the dismissal decision was made. The WRC found that dismissing an employee in such circumstances, while she was on certified sick leave and without any fair or transparent process, fell well short of the standards required under Irish employment law. As a result, the employee was awarded €8,000 in compensation for unfair dismissal. Key Lessons for Employers This case serves as a reminder that fair procedures are essential in all dismissal situations, regardless of the surrounding circumstances. Even where an employer believes there are legitimate concerns relating to attendance or conduct, employees must be informed of those concerns, given a meaningful opportunity to respond, and provided with access to an appeal process. The decision also highlights the need for particular care where an employee is medically vulnerable or experiencing significant personal trauma. Employers are expected to exercise sensitivity and sound judgement when managing illness-related absences, particularly when the employer is already aware of the employee’s medical condition. Dismissals that take place during periods of certified sick leave carry an increased level of risk and will be closely scrutinised by the WRC. This risk is further heightened where dismissals are communicated informally, such as by text message or WhatsApp. Informal communication around dismissals has been repeatedly criticised by the WRC. Finally, the case demonstrates that management policies should be applied thoughtfully and must consider the individual circumstances at hand, rather than being rigid. While policies provide an important framework, they should not be used as a substitute for fair judgement or proper procedures. Conclusion This WRC decision is a timely reminder of the legal and reputational risks that can arise when employers fail to follow fair procedures, particularly in cases involving illness or sensitive personal circumstances. Employers should regularly review their practices around sick leave management, disciplinary procedures and dismissals, to ensure compliance with employment legislation and alignment with best practice.  If you require advice on managing sick leave, dismissals or disciplinary processes, please do not hesitate to contact MSS The HR People: Ph 018870690, Email: info@mssthehrpeople.ie
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