Government Introduces Statutory Sick Leave For Employees

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The Government has approved the introduction of statutory sick leave to make the provision of paid sick leave for all employees a legal requirement in Ireland.

The new legislation makes it mandatory for employers to provide paid sick leave for a minimum of three days a year in year one, with plans to increase the minimum requirement to 10 days annually in year four.

The Sick Leave Act 2022 was signed by the President on July 20. The Act, for the first time, will provide for statutory sick pay (SSP) for employees in Ireland.

While signed into law, the provisions of the Act have yet to come into force. A statutory commencement order is necessary to bring the Act into practical operation. The implementation of this commencement order is expected shortly.

All employers should be aware of the Statutory Sick Pay scheme requirements, which are as follows:

  • Paid sick leave for up to 3 sick days per year. This is planned to increase to 5 days in year 2, 7 days in year 3 and 10 days in year four.
  • A rate of payment for statutory sick leave of 70% of normal wages to be paid by employers (up to a maximum €110 per day).
  • Employers should be aware that employees are entitled to take a complaint to the WRC where they are not provided with a company sick pay scheme.
  • Both full and part-time employees are entitled to the new Statutory Sick Pay.
  • Employees must have 13 weeks of continuous service to avail of the scheme.
  • Employees must submit a valid medical certificate from a registered medical practitioner to avail of the scheme.
  • Sick leave is payable for days that the employee would ordinarily work.
  • The leave can be taken on consecutive or non-consecutive days.

HR Team’s Advice For Employers:

  • Ensure that your payroll department is aware of the introduction of Statutory Sick Pay.
  • Ensure the management team is aware
  • Update your sick leave and pay policy to reflect the new legislation.
  • If you already have a sick pay scheme in place, review this (including any criteria you have in place) to ensure that it meets the requirements of the Statutory Sick pay legislation. If it is less favourable, then it will require updating.
  • Communicate this change in legislation to employees.

Statutory Sick Leave Webinar

If you require further information about this legislation, watch our most recent webinar. 

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