Prior to the Sick Leave Act 2022 (Act), Ireland was one of the few European countries without a statutory mandatory employer sick pay scheme. While many employers have provided sick pay to their staff, this is not always the case for lower-salaried workers. However, with the signing of the Act into law by the President last month, all employees (both fulltime and parttime) now have an entitlement to statutory sick leave and pay for situations where they would ordinarily work but are incapable of doing so due to illness or injury.
The Act provides for statutory sick leave payment (SSP) for an employee, subject to certain conditions, in respect of a day which they would ordinarily work but are incapable of doing so due to illness or injury, of up to three statutory sick leave days a year. An employee is entitled to SSP from their employer in respect of each statutory sick leave day. Statutory sick leave days may be taken consecutively or non-consecutively. An employee will have to provide a medical certificate from a registered medical practitioner stating that they are unable to work. An employee does not become entitled to statutory sick leave days until they have completed 13 weeks of continuous service with their employer. Once the entitlement to SSP from the employer ends, the employee may qualify for illness benefit from the State.
The Act will not apply to employers who provide more favourable sick leave/pay schemes to their employees....
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