In Ireland, the Covid-19 pandemic led to the introduction of compulsory sick pay for workers, bringing Ireland into line with other European countries. Prior to 2022, those working in Ireland had no legal right to be paid while unable to work due to sickness, but the introduction of the Sick Leave Act 2022 has made statutory sick pay a legal requirement for all workers.
The changes to the law were designed to be phased in over a four year period, taking into account the private sector businesses struggling to recover from the effects of the global pandemic, and most organisations have now adapted to the new legislation.
The change in law was graduated so that it became possible to claim paid sick leave of up to three days per year from 1st January 2023, increasing to five days per year in 2024. This will continue to increase to seven days in 2025 and finally ten days in 2026. This legislation requires employers to pay 70% of an employee’s normal pay while they are on sick leave, with a maximum allowance of €110 per day. This does not affect existing, more favourable sick pay schemes but is intended to offer a basic level of protection for employees who do not have a company sick pay scheme or who do not qualify for it.
Sick days can be taken as consecutive days or non-consecutive days, and the allowance runs by calendar year, from 1st January to 31st December. You can get sick pay as an employee, and also if you are on probation, undergoing training (as an intern, for instance), an apprentice or an agency worker.
The new legislation regarding paid sick leave is applicable to all workers who have been employed in their current role for at least 13 weeks. To claim paid sick leave, you must have been signed off as sick by a doctor and provide a medical certificate from a doctor stating the date that you are expected to be fit to return to work (if known). For long term sickness, an employer may require weekly medical certificates.
If you are eligible for sick leave, your employer must provide a company sick pay scheme. If your employer fails to provide this, you can refer them to the Workplace Relations Commission.
The Act covers full time and part time employees. You are entitled to the same amount of paid sick leave as full-time employees if you work part-time, and sick pay will be calculated in line with your average earnings in the preceding reference period. This means that if you are a qualifying part time employee, you will be entitled to be paid sick pay of 70% of your average gross earnings in the period before you took sick leave. This is also applicable if your pay varies from week to week, including if your pay is subject to regular bonuses or allowances.
If you have more than one job, you can take five days of paid sick leave with each employer, as long as you have been working for them for at least 13 weeks before your sick leave begins.
If you are unwell for an extended period, you may qualify for illness benefit from the Department of Social Protection, subject to your PRSI contributions, once your sick pay entitlement ends. If you return to work at any time during the following calendar year, you will have full access to your statutory sick leave entitlement for that year.
If you do not have enough PRSI contributions to qualify for illness benefit, you should contact your Community Welfare Officer via your local health centre and ask them to assess your situation.
If you have suffered an accident at work, you will be able to apply for injury benefit from the Department of Social Protection. This is also subject to sufficient PRSI contributions.
If you are claiming illness benefit or injury benefit, your employer may ask you to sign this over for the duration of your sick pay entitlement.
If you are a full-time employee who falls ill on a public holiday, you will be entitled to sick pay (or illness benefit) for that day. In some cases, your employer may pay you as normal, in which case it will not be counted as a sick leave day.
If you fall ill during a period of annual leave, and you obtain a medical certificate from your doctor to confirm this, this will no longer be counted as annual leave.
If you fall ill before you have been in your current employment for 13 weeks, you will not be entitled to statutory sick pay. You may be entitled to claim illness benefit, but this means that you will not be able to use statutory sick days during the same period of sick leave, even if this runs beyond the 13-week requirement.
While you are on sick leave, your status is the same as when you are working and your employment rights are protected. If you are in a period of training, on probation or in an apprenticeship, your employer may suspend your programme while you are on sick leave and extend it by the same number of days at the end of your training.
You cannot carry sick leave forward into the next calendar year or continue the same period of statutory sick leave from one calendar year to the next. Your employer cannot penalise you for taking sick pay, and you are legally protected against dismissal, unfair treatment or changes to your working conditions that are unfavourable while you are on sick leave.
If you are having problems with your sick pay, you should speak with your employer to try to resolve your concerns and then contact the Workplace Relations Commission (WRC) if this is not possible. You can make a formal complaint to the WRC online, and this must be made within six months of the incident you are disputing. You may be able to get a six month extension on this deadline if there is considered to be a reasonable cause for the delay.
Some organisations have had sick pay arrangements in place for many years, but many workers were unprotected prior to the 2022 changes to legislation, and this included some of the most vulnerable. Leo Varadkar, the Minister for Enterprise, Trade and Employment, described the new sick pay laws as essential, explaining:
“The pandemic exposed the precarious position of many people, especially in the private sector and in low-paid roles… No-one should feel pressured to come to work when they are ill because they can’t afford not to.”
Employers who are experiencing severe financial problems may be able to apply for an exemption that excuses them from having to pay statutory sick pay for 3-12 months. Such applications can be made to the Labour Court and are intended to protect businesses that are in financial difficulty.
Here at Careerwise, we know the value of a good relationship between employer and employees. We work with excellent organisations and the most talented professionals to build strong connections that work for everyone, and we will take the time to get to know you and understand exactly what you are looking for. If you are an employer, we will familiarise ourselves with your organisation and your ethos so that we can find the best people to fill your job vacancies, and if you are searching for a new job, we’ll work with you to improve your applications, brush up your interview skills and secure the job you want.
CareerWise is Ireland’s leading specialist recruitment agency in Limerick, Cork, Galway, Dublin and Mayo. Our professional team specialises in the Engineering, Supply Chain, Science/Pharma, IT and Accounting industries in Ireland, and we will be happy to talk with you today. Contact us online now or call us on +353 (0) 21 206 1900 to arrange a consultation.
Diarmuid joins Careerwise with a strong Industrial technical support, technical recruitment and capital equipment sales background. He has had extensive exposure to the manufacturing sector within Ireland from his previous roles with a number of leading multinational companies such as Siemens, Atlas Copco and Logitech.
Diarmuid holds a Post Graduate Diploma in Management from the Open University along with technical qualifications in Electrical Engineering and Automation from the CIT.
Diarmuid is also qualified as a Certified Manufacturing Engineer with the Society of Manufacturing Engineers.
|
Stay up to date with the latest jobs entered onto our system, emailed to your inbox.
CareerWise proud to support CRITICAL, Ireland’s Leading Volunteer Emergency Medical Response Charity
CareerWise Meet the Liam McCarthy Cup
How To Write A Resignation Letter
Negotiating Your Bonus: 5 Tips for Candidates
How many sick days are you entitled to in Ireland? (2024)CareerWise Recruitment. EastGate Village, EastGate, Little Island, Cork.
Phone: +353 (0) 21 206 1900
Email: info@careerwise.ie
