How Does Sick Leave Work in Ireland?
An Employer’s Guide
The introduction of the Sick Leave Act 2022 in Ireland gave all workers the right to paid sick leave. It is available to all workers, regardless of their illness.
How does it work?
What should a sick policy include?
A sick pay policy outlines an organisations rules and criteria that must be met in order to be eligible to receive sick pay. Terms that may be included in your organisations sick pay policy may contain the following:
- The length of time an employee can receive sick pay
- Instructions on how/who your employee should inform management of their absence
- The amount payable for certified sick leave
- Exclusions from the sick pay scheme
- Long term sickness rules
What happens if an employee is sick during public holidays?
Employees who are on a period of certified sick leave, will continue to accrue annual leave and bank holiday entitlements as normal.
Annual Leave:
Since 1 August 2015, employees accumulate statutory annual leave entitlement during a period of certified sick leave. Employees on long-term sick leave can retain annual leave they could not take due to illness for up to 15 months after the end of the year in which it is accrued. Workers who leave their employment within 15 months of the end of the year in which this annual leave was accrued, are entitled to payment in lieu of this leave which was untaken due to illness.
Public Holidays:
A full time worker who is on certified sick leave during a public holiday, is entitled to benefit for the public holiday they missed (up to 6 months in cases of long term illness). If they are a part-time worker on sick leave during a public holiday, they would be entitled to time off work for the public holiday provided they worked for their employer at least 40 hours in the previous 5-week period.
However, they are not entitled to the public holiday if they are absent from work immediately before the public holiday and have been off work for more than 26 weeks due to an ordinary illness or accident, or for more than 52 weeks due to an occupational accident.
When does my employee need to provide a medical cert?
You should revert to your Company’s sick pay policy to determine this. Oftentimes, a Company may request a medical certificate to be provided after two consecutive days of absence. However, this will vary from business to business.
To avail of the statutory sick leave pay under the Sick Leave Act 2022, the employee must present a medical certificate for each day they wish to be paid.
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