sick leave and sick pay (2023)

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Previously, you did not have the right to continued payment of salary in case of illness.

From January 1, 2023you are entitled to 3 sick days per year. This is calledstatutory sick pay(This means the legal minimum). Sick pay is paid by your employer and amounts to 70% of your regular salary, up to a maximum of €110 per day.

To receive statutory sick pay, you must be an employee and have worked for your employer for at least 13 weeks.

Your employer may offer a more generous sick leave plan, but cannot pay you less than the statutory amount.

What is the new Statutory Sick Pay Scheme (SSP)?

Statutory sick pay (SSP) is the statutory minimum sick pay.

The right to paid sick leave is acquired gradually over a period of four years:

• 2023 - covered 3 days
• 2024 - covered 5 days
• 2025 - covered 7 days
• 2026 - Covers 10 days

Sick leave can be counted as consecutive days or non-consecutive days.

The sick pay year is a calendar year that runs from January 1 to December 31.

You can receive sick pay of up to 70% of your regular weekly pay, up to a maximum of €110 per day - see below for more information on how sick pay is calculated.

The SAA rules are listed inSickness Act of 2022.The sick leave allowance applies from January 1, 2023.

Am I entitled to sick pay?

To receive statutory sick pay, you must:

• to be an employee
• worked for your employer for at least 13 consecutive weeks before your illness
• Incapacity for work certified by a general practitioner

You can receive sick pay if:

• probni rok
• Receive an apprenticeship (traineeship).
• disciple
• Agency staff

Do I need a medical certificate for the payment of sick pay?

In order to exercise your right to statutory sick pay, you must have a family doctor certify a certificate of incapacity for work in accordance with the Sickness Act. You should have a certificate from the first day of sick leave.

You are entitled to SSP from the first day of illness. Your employer cannot claim a "waiting day" until you are paid statutory sick pay.

How is my sick pay calculated?

Your statutory sick pay must be within the limits of your sick paynormal daily rate.You are entitled to 70% of your regular salary, up to 110 EUR per day.

What is the normal daily wage?

Your regular daily pay includes any regular bonuses or allowances (but not overtime pay or commissions), which do not change from week to week.

like yourschange in weekly wages(eg due to regular bonus payments or allowances) your sick pay is equal to your average salary for the 13 weeks before your sick leave.

Don't forget that sick pay is limited to €110 per day.

If my employer already has a sick pay plan

Your employer may offer you a more generous sick leave program as part of its own tariff. If so, your sick leave will be billed according to the plan.

In general, reporting regulations must be more favorable than statutory sick pay regulations.

If I call in sick for more than 3 days

If you are sick for more than three days and have sufficient PRSI membership fees, you can apply to the Department of Social Security (DSP) for recruitmentsick pay.

If you do not have enough PRSI contributions, please contact usDSP stands forat your local health center. You will assess your situation.

Protect your labor rights

Your labor rights remain protected during sick leave. While you are on sick leave, you are considered employed.

What happens if I call in sick on a public holiday?

If you work full time and are on sick leaveRestyou can get sick leave or sick leave for missed public holidays.

Alternatively, your employer may treat you as unused sick leave on a public holiday and pay you as normal for that day. In that case, national holidays are not counted as sick leave.

If you work part-time and are on sick leave on a public holiday, you are entitled to annual leave on the public holiday. You must have worked at least 40 hours in the last 5 weeks.

You are not entitled to annual leave or vacation pay if you are sick before your annual leave and:

• You have been unemployed for more than 26 weeks due to a frequent illness or accident
• You could not work for more than 52 weeks because of an accident at work

What happens to my annual leave if I am on sick leave?

when you are sick at workvacationAnd take out a doctor's certificate for sick days that are not counted in your annual leave. Once you have a medical certificate, your employer cannot insist that you take annual leave during your sick leave.

If you have a medical certificate, you can also increase the right to annual leave in case of illness.

If you are on sick leave for a long time and cannot use annual leave due to illness, you can carry over the accumulated annual leave up to 15 months after it expires. If you leave your job during a 15-month period, you should receive holiday pay for the days you have not taken due to illness.

If I call in sick during the trial

Your employer may interrupt your probation, education or training while you are ill. These days can be counted towards the trial work, the training period or at the end of the training.

What happens if I lose my job?

You can lose your job if you take sick leave often or if you are no longer able to work because of your illness. In some cases, the law can protect you from thisunfair dismissal.

I'm having trouble getting sick pay

If you are not receiving sick pay, contact your employer and try to resolve the issue informally first.

If you cannot resolve the issue directly with your employer, you can make a formal complaint to your employerWorkplace Relations Commission (WRC).

How to make a complaint to the WRC

If you dispute sick pay, you can make a formal complaint to the WRC. you should useOnline complaint form.

You must file a complaint within 6 months of the dispute. The deadline can be extended by an additional 6 months if there are justified reasons for the delay.

Read more about ithow to complain, including details of the WRC's decision-making process.

I was punished for taking sick leave

You are protected from existenceharassed or punishedExercise your rights under the Sickness Act.

This means that the employer cannot punish you with dismissals, unfair treatment or unfavorable changes to your working conditions.

If you are fined, you can appeal to the Workplace Relations Commission (WRC).

Employers are exempt from paying sick pay

Employers who are in serious financial trouble can apply to the labor court for exemption from paying statutory sick pay.

If exempt, the validity is 3 to 12 months.

More information

The Act on sick leave and wages during sick leave is included inSickness Act of 2022, TheThe Sickness Act will enter into force in 2022ISick leave (prescribed daily rates of payment) Act 2022 Regulations 2022..

The WRC also deals with thissick leave.

You can read more about itaccident at work.