Sick Days in Ireland: Statutory Sick Leave, Policies, and Documentation

Since 1 January 2024, you have a right to 5 days’ sick pay a year (increased from 3 days in 2023). 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.

What is Statutory Sick Pay scheme (SSP)?

• The Statutory Sick Pay (SSP) is the legal minimum sick pay.
• 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 your normal weekly pay, up to a maximum €110 a day

Is statutory sick leave paid by the employer or the State?

• Sick pay is paid by your employer at 70% of your normal pay up to a maximum of €110 a day.

What’s the difference between employer sick pay and statutory sick leave in Ireland?

Key Differences

Aspect	Statutory Sick Leave	Employer Sick Pay (Contractual)
Legal requirement	Yes, 5 days/year	No, optional, depends on contract
Paid by	Employer	Employer
Eligibility	Usually ≥13 weeks	Varies by contract/policy
Duration	Max 5 days/year	Often longer, may include weeks/months
Flexibility	Fixed by law	Set by employer

When does an employee qualify for statutory 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 medical practitioner as unable to work
• You can get sick pay if you are:
• On probation
• Undergoing training (interns)
• An apprentice
• An agency worker
• Over the State Pension age

Can part-time workers get 5 days?

• Yes, both full-time and part-time employees can take 5 days paid sick leave.

If I have more than one job?

• If you have multiple employers, you can get 5 days of paid sick leave from each employer, once you have 13 weeks of service with that employer before you are sick.

Length of service

• To qualify for Statutory Sick Pay, you need to have worked continuously for your employer for at least 13 weeks.
• If you leave your job and return to the same employer within 26 weeks, this gap does not count towards the 13-week requirement. It’s treated as if you never left, so your service is still counted as continuous.

Do employees need a doctor’s cert for sick leave, and when can we request it?

• Under the sick leave legislation, you must be certified by a medical practitioner 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 Statutory Sick Pay.

Is there such a thing as uncertified sick leave in Ireland?

• Uncertified sick leave is short-term leave without a doctor’s note.
• Statutory sick leave (5 days/year) doesn’t require a certificate for very short absences, but employers can set reasonable rules.
• Longer absences generally require certification under both statutory and contractual sick pay rules.

If my employer already has a sick pay scheme

Your employer may offer you more generous sick pay arrangements under its own scheme. If so, your sick leave will be dealt with under that scheme.

That scheme must be more favourable, when viewed as a whole, than the Statutory Sick Pay scheme if it is to apply.

Am I eligible for Statutory Sick Pay (SSP) too?

No, you cannot get the SSP on top of the benefits from your employer’s scheme.

If your employer has their own sick pay scheme that offers more generous benefits than SSP, you should be paid under those arrangements. The SSP is for employees who don’t have a company sick pay scheme or don’t qualify for it.

What records do employers need to keep for statutory sick leave?

1. Employee Absence Records
   • Dates of each sick leave day taken by the employee.
   • Total days used to ensure the 5-day annual entitlement is not exceeded.
   • Any pattern of absences (e.g., frequent short-term absences) for internal tracking.
2. Documentation Submitted
   • Doctor’s certificates or other medical evidence, if provided or required by company policy.
   • Uncertified leave notifications, e.g., emails or messages from the employee requesting leave.
3. Payroll/Payment Records
   • Records of sick pay paid under statutory sick leave.
   • Proof that entitlement was correctly calculated and paid through payroll.
4. Policy and Notices
   • Copy of the written sick leave policy communicated to the employee.
   • Copies of employee notices requesting leave, even for uncertified absences.
5. Retention & Confidentiality
   • Keep records confidential in line with data protection laws (GDPR).
   • Retain for a reasonable period (usually at least 3–6 years, aligned with payroll and employment record retention practices).

How should HR manage repeated short absences without creating a disciplinary risk?

1. Track and monitor absences carefully
   • Keep a clear record of all absences, including uncertified and certified sick days.
   • Look for patterns (e.g., frequent Mondays or Fridays, repeated 1–2 day absences).
   • Ensure records align with statutory sick leave entitlements (5 days/year) and any contractual sick pay policy.
2. Communicate clearly and consistently
   • Have a written policy on short-term sick leave, including:
   • Notice requirements
   • Documentation expectations (e.g., when a doctor’s note is needed)
   • How repeated absences are monitored
   • Discuss absences factually with the employee, focusing on attendance patterns, not personal assumptions.
3. Avoid informal disciplinary risk
   • Do not automatically treat statutory sick leave as misconduct — taking lawful sick leave cannot trigger disciplinary action.
   • Frame conversations around support and managing attendance, not blame.
   • Offer guidance or wellness resources if frequent short-term illness is affecting work.
4. Use supportive interventions
   • Consider measures like:
   • Occupational health referral (if frequent absences are health-related)
   • Flexible working arrangements if appropriate
   • Workload adjustments temporarily to reduce stress-related absences
5. Escalate carefully if needed
   • If absences are excessive or outside statutory entitlements, HR can:
   • Remind employees of entitlements and policy limits
   • Set attendance improvement plans
   • Maintain careful documentation for any formal review, while staying compliant with employment law

Can workplace stress be covered by sick leave, and how should we handle it?

Yes, workplace stress can qualify as a legitimate reason for sick leave in Ireland, provided it prevents the employee from performing their job. How it’s handled depends on whether it is statutory sick leave or employer sick pay, and on best HR practice.

Managing Workplace Stress Proactively

• Identify workload pressures, bullying, or unsafe conditions that may contribute to stress.
• Encourage open communication, allowing employees to report stress early.
• Implement reasonable accommodations where possible (flexible hours, remote work, adjusted workload).

What happens when the employee runs out of statutory sick pay?

After the 5 statutory paid sick days, the employer is not legally required to pay.

Employees may still be entitled to:

• Contractual/employer sick pay
• Unpaid leave
• Illness Benefit from the State

Employers must treat long-term or repeated absences fairly and follow policies for return-to-work or accommodations.

Can we refuse sick pay or apply for an exemption if costs are unsustainable?

Yes, in very limited circumstances, an employer in Ireland can apply for an exemption from paying statutory sick pay, but it’s tightly regulated. Here’s a clear breakdown:

Exemptions: When Employers Can Apply

The Minister for Employment Affairs and Social Protection can grant an exemption to an employer if paying statutory sick leave would cause undue financial hardship.

• Eligibility:

• • Typically aimed at very small businesses or exceptional circumstances.
  • Employers must demonstrate that paying sick leave would make the business financially unsustainable.
• The exemption is not automatic and must be formally approved by the Minister.

Small Business Sick Leave Policy Checklist (Ireland)

1. Eligibility & Entitlement
   • Confirm employees are eligible after 13 weeks’ continuous employment.
   • State that employees are entitled to 5 days statutory paid sick leave per year (pro-rated for part-time).
   • Include information on contractual sick pay if the business offers more than the statutory minimum.
2. Notice Requirements
   • Require employees to notify the employer as soon as possible if unable to work.
   • Specify how notice should be given (e.g., phone, email, messaging).
   • Clarify any reasonable timeframes for notification for short absences (e.g., same day or prior to shift).
3. Certification / Proof of Illness
   • Indicate when a doctor’s certificate or medical proof is required (e.g., for absences longer than 1–3 days).
   • Clarify that short-term uncertified sick leave is allowed (e.g., 1–2 days).
   • Keep medical information confidential in line with GDPR.
4. Payment
   • Confirm that statutory sick leave is paid by the employer.
   • Clarify any contractual sick pay entitlements beyond the statutory 5 days.
   • Explain how payment is calculated for part-time or variable-hour employees.
5. Record-Keeping
   • Maintain accurate records of sick leave taken, payments made, and documentation submitted.
   • Track total sick days per year to ensure statutory limits are respected.
   • Keep records confidential and secure.
6. Managing Repeated or Long-Term Absences
   • Explain how repeated short absences will be monitored, without penalising lawful sick leave.
   • Include procedures for long-term sick leave, occupational health referrals, or accommodations.
   • Make clear that employees cannot be penalised for taking lawful sick leave.
7. Return-to-Work
   • Encourage a return-to-work conversation after sick leave to check the employee’s wellbeing and discuss any support needed.
   • Document outcomes in a neutral and supportive manner.

Key Takeaways for Employers

1. Know the statutory minimum
   • Employees are entitled to 5 days paid sick leave per year, pro-rated for part-time staff.
   • This is paid by the employer, unless a rare Ministerial exemption applies.
2. Have a clear policy
   • Outline eligibility, notice requirements, proof of illness, and any contractual sick pay above the statutory minimum.
   • Include guidance on uncertified short absences, repeated absences, and long-term illness.
3. Track and document everything
   • Keep accurate records of leave dates, documentation, and payments.
   • Maintain confidentiality in line with GDPR.
4. Support employee wellbeing
   • Provide return-to-work discussions, occupational health referrals, and flexible arrangements when appropriate.
   • Recognise that workplace stress or illness is legitimate and should not be penalised.
5. Avoid legal risk
   • Do not refuse statutory sick pay without approval.
   • Treat all absences fairly, consistently, and in compliance with employment law.