Right to paid time off

Section 10(6) of ERA 99 says that an employee acting as a companion for a co-worker employed by the employer is entitled to take paid time off for this purpose. This should include time not only to attend the hearing, but also to familiarise themselves with the case, confer with the employee, and type up notes of the hearing.

If a lay official agrees to accompany a worker employed by another organisation, paid time off is a matter for negotiation.

In a workplace with union recognition, a union rep has a separate right to reasonable paid time off under section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), as long as s/he is employed by the same employer as the employee making the request.

In some workplaces, a workplace agreement may provide for a right to paid time off to accompany members at other workplaces. In particular, this might be the case where members have been transferred from the public to the private sector as a result of outsourcing, or where members are temporary agency workers, working on site but employed by an employment agency. Rights to time off in these circumstances are dependent on negotiation with the employer.