SICK LEAVE AND SICK PAY

In the past, you had no legal right to be paid while you were on sick leave from work. However, this has changed and there is now a Statutory Sick Pay Scheme in place.

WHAT IS THE STATUTORY SICK PAY SCHEME (SSP)?

Since 1 January, 2023, you have a right to 3 days’ sick pay a year. This is called statutory sick pay (that means the legal minimum). Sick pay is paid by your employer at 70% of your normal pay up to a maximum of €110 a day. From 1 January, 2024, paid sick leave will increase from 3 to 5 days a year. It will increase to 7 days in 2025 and 10 days in 2026

Sick days can be taken as consecutive days or non-consecutive days. The sick pay year is the calendar year, so it runs from 1 January to 31 December.

HOW DO I KNOW IF I AM ENTITLED TO SICK PAY?

To qualify for statutory sick pay you must be an employee and have worked for your employer for at least 13 continuous weeks before you are sick. You must also be certified by a GP as unable to work. If you have multiple employers, you can get 3 days paid sick leave from each employer, once you have 13 weeks service with that employer before you are sick.

CAN PART-TIME WORKERS GET 3 DAYS?

Yes, both full-time and parttime employees can take 3 days paid sick leave.

However, the amount you get paid for your sick leave (70% of your earnings, up to €110) is based on the average of your pay over the 13 weeks before you are on sick leave

DO I NEED A MEDICAL CERT TO GET SICK PAY?

Under the sick leave legislation, you must be certified by a GP as unable to work to qualify for statutory sick pay. You should be certified from day 1 of your sick leave.

You have a right to SSP from the first day you are off sick. Your employer cannot apply ‘waiting days’ before you get sick pay.

IF MY EMPLOYER ALREADY HAS A SICK PAY SCHEME

Your employer may offer you more generous sick pay arrangements. However, any company sick leave scheme can’t be less than the statutory amount.

If your employer has their own sick pay scheme that offers more generous benefits than SSP, you should be paid under those arrangements. The SSP is for employees who don’t have a company sick pay scheme or don’t qualify for it.

HOW IS MY SICK PAY CALCULATED?

Your statutory sick leave payment must be paid at your normal daily rate. You are entitled to 70% of your normal pay, up to a maximum €110 a day.

WHAT IS NORMAL DAILY PAY?

Your normal daily pay includes any regular bonus or allowance which do not change from week to week (but excludes overtime or commission).

If your pay changes from weekto-week (for example, because of regular bonus payments or allowance), your sick pay is the average of your pay over the 13 weeks before you are on sick leave. Remember that sick pay is capped at a maximum of €110 a day.

WHAT HAPPENS IF I AM OFF SICK FOR MORE THAN 3 DAYS?

If you are off work sick for more than 3 days, and you have enough PRSI contributions, you can apply to the Department of Social Protection (DSP) for a payment called Illness Benefit.

If you do not have enough PRSI contributions, you should contact the DSP’s representative at your local health centre. They will assess your situation.

HOW ARE MY EMPLOYMENT RIGHTS PROTECTED WHILE I AM ON SICK LEAVE?

Your employment rights are protected during sick leave. You are treated as being in employment while you are on sick leave.

WHAT ARE MY OPTIONS IF I EXPERIENCE PROBLEMS GETTING SICK PAY?

If you do not get sick pay, contact your employer to try to resolve the issue informally first.

If you cannot resolve the issue directly with your employer, you can make a formal complaint to the Workplace Relations Commission (WRC). Contact your local Citizens Information Centre for information on how to make a complaint to the WRC

You must make your complaint within 6 months of the dispute. The time limit can be extended for a further 6 months if there is reasonable cause for the delay.

CAN AN EMPLOYER BE EXEMPT FROM PAYING SICK PAY?

An employer who is experiencing severe financial difficulties can apply to the Labour Court for an exemption to pay statutory sick pay. If an exemption is granted, it will be for a period of between 3 to 12 months.

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