Sick Pay Regulations

Does my employer have to pay me while I am off work sick?

Previously, employers had not been required to pay sick pay to employees. However, from July 20th, 2022, the Sick Leave Act 2022 came into effect and entitles employees to the following:

  • 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 4.
  • 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).

 What if my employer does not comply?

If you do not receive sick pay in accordance with the Statutory Sick Pay Scheme or your contract of employment, or if the collective agreement with the union in your employment provides for sick pay and you do not receive it, you may be able to take a case to the WRC. Contact your union representative for further advice.

How can I avail of sick pay?

Under the new scheme, you must be working for your employer for at least 13 weeks, and you will need a medical cert deeming you unfit for work. Again, check your own company policy to see what is in place as in many unionised employments enhanced arrangements can be availed of.

If you cannot work because you are sick  and if you have enough PRSI contributions, you can apply directly to the Department of Social Protection (DSP) for Illness Benefit payment.

 Do I have to go to see the company doctor while I am out sick?

Yes, and the company doctor will send your employer a medical report as to your fitness to return to work or when you are likely to be able to return to work. The medical report cannot disclose to your employer the nature of your illness as this would be a breach of GDPR.