sick-pay-rights

Sick Pay Rights

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Since January 1, 2024, employees in Ireland are entitled to 5 days of statutory sick pay annually, an increase from 3 days in 2023. This legal minimum, known as Statutory Sick Pay (SSP), ensures sick pay is provided by employers at 70% of normal pay, capped at €110 per day. While employers may offer more generous schemes, they cannot provide less than the statutory amount. Sick Pay Rights

Eligibility for Statutory Sick Pay

To qualify for SSP, you must:

  • Be an employee.
  • Have completed at least 13 continuous weeks of work with your employer.
  • Provide a medical certificate confirming your inability to work.

Both full-time and part-time employees are eligible for the 5 days of paid sick leave. If you have multiple employers, you can claim 5 days from each, provided you meet the 13-week requirement with each employer.

Key Features of SSP

  • Sick Leave Year: Runs on a calendar basis, from January 1 to December 31.
  • Medical Certification: A medical certificate is required from the first day of illness.
  • Pay Calculation: Sick pay is calculated at 70% of normal daily pay, capped at €110 per day. Normal daily pay includes regular bonuses or allowances but excludes overtime and commission. For part-time workers, pay is based on either fixed daily rates or average earnings over the past 13 weeks.
  • Unused Sick Days: Unused sick days cannot be carried forward to the next year.

Additional Considerations

  • If your employer has their own sick pay scheme, it must be at least as favorable as the statutory scheme. Employees under sector-specific schemes, like construction workers, may have different entitlements.
  • Employees who are sick for more than 5 days can apply for Illness Benefit from the Department of Social Protection, provided they have sufficient PRSI contributions.
  • If you fall sick within the first 13 weeks of employment, you are not entitled to SSP but may qualify for Illness Benefit.

Protection of Employment Rights

Your employment rights are safeguarded during sick leave. You remain entitled to accrue annual leave and public holiday entitlements while on sick leave, provided you meet specific criteria. Days certified as sick by a medical practitioner will not count as annual leave.

Addressing Issues with Sick Pay

If your employer fails to provide statutory sick pay, you can:

  1. Raise the issue informally with your employer.
  2. File a formal complaint with the Workplace Relations Commission (WRC) within 6 months of the dispute. This period may be extended by another 6 months for valid reasons.

Employees are protected from penalization for exercising their sick leave rights. This includes protection against dismissal, unfair treatment, or unfavorable changes in employment conditions. Complaints regarding unfair treatment can also be filed with the WRC.

For employers experiencing severe financial difficulties, exemptions from paying SSP can be sought through the Labour Court.

Note: The government had planned to increase the number of statutory sick pay days in 2024 but has stalled this initiative, leaving workers without the expected improvement to their entitlements.

Sick Pay Rights

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