Sick Leave and Sick Pay 2023

In the past, you had no legal right to be paid while you were on sick leave from work.

From 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.

You must be an employee and be working at least 13 weeks with your employer before you can get statutory sick pay.

Your employer can have a more generous sick pay scheme, but they can't give you less than the statutory amount.

The Statutory Sick Pay (SSP) is the legal minimum sick pay.

The entitlement to paid sick leave is being phased in over 4 years:

-2023 - 3 days covered

-2024 - 5 days covered

-2025 - 7 days covered

-2026 - 10 days covered

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.

You can get sick pay of 70% of normal weekly pay, up to a maximum €110 a day – see more about how your sick pay is calculated below.

Sick Leave Act 2022

The entitlement to sick pay starts on 1 January 2023, once the law is commenced (or ‘takes effect’).

Am I entitled to sick pay?

To qualify for statutory sick pay you must:

-Be an employee

-Have worked for your employer for at least 13 continuous weeks before you are sick

-Be certified by a GP as unable to work

You can get sick pay if you are:

-On probation

-Undergoing training (interns)

-An apprentice

-An agency worker

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.

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 week-to-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 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.

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.

What happens if I am off sick during public holidays?

If you work full time and you are on sick leave during a public holiday, you can get sick pay or Illness Benefit for the public holiday you miss.

Alternatively, your employer can treat you as not being on sick leave on the public holiday and pay you as normal for that day. In this case, they will not count the public holiday as a sick leave day.

If you work part-time and you are on sick leave during a public holiday, you are entitled to time off work for the public holiday. You must have worked at least 40 hours over the previous 5 weeks.

You are not entitled to pay or time off for the public holiday if you are on sick leave immediately before the public holiday, and either of the following apply:

-You have been off work for more than 26 weeks due to an ordinary illness or an acciden

-You have been off work for more than 52 weeks due to an occupational accident

What happens to my annual leave when I am off sick?

If you are sick during your annual leave and get a medical certificate for the days you are sick, these days will not be counted as annual leave days. An employer cannot insist that you take annual leave on days you are off sick, once you have a medical certificate.

You can build up your annual leave entitlement while you are off sick, once you have a medical certificate.

If you are on long-term sick leave and cannot take your annual leave due to illness, you can carry it over for up to 15 months after the end of the year you built it up. If you leave your job within these 15 months, you should get holiday pay for the day’s leave you did not take due to illness.

Read more here