Statutory Sick Leave – What Employers Need To Know

December 14, 2022

The Sick Leave Act 2022, will come into effect from 1st January 2023. The new scheme entitles employees to paid sick leave from their employer as well as State illness benefits. The new statutory sick pay scheme will be phased in over a four-year period:

  • Employees will be entitled to three days paid sick leave for 2023
  • Five days sick leave in 2024
  • Seven days sick leave in 2025 and,
  • In 2026, employees will be entitled to Ten days sick leave.

In order to qualify for sick pay, an employee must have 13 weeks employment and have a medical certificate confirming the dates of absence from a registered medical professional.

Once entitlement to sick pay from their employer ends, employees who need to take more time off may qualify for illness benefit from the Department of Social Protection subject to PRSI contributions.

Payment Entitlements

Employers will be required to pay a rate of 70% of the employee’s pay up to a daily maximum of €110.

What to do now to prepare?

Employers who have sick leave policies in place already should now review and make the relevant updates to ensure compliance with the new legislation, communicating same to their staff.

Employers who currently do not have a sick leave policy will be required to have one in place by the start of next year.