Sick Leave Entitlements

Under the Act, an employee is required to present a medical certificate for the statutory sick leave day.   

Employees have an entitlement to statutory paid sick leave where they have been in continuous employment for a minimum of 13 weeks. 

Employees on probation may take statutory sick leave. However, their employer may require that the probation be suspended during the period of statutory sick leave and be completed by the employee at the end of that period. 

The Act does not prevent an employee from having more favourable terms in their contract regarding paid sick leave. 

 Employees retain their employment rights while on statutory sick leave and should not be penalised by their employer for availing of this leave. 

Absence from employment while on statutory sick leave shall not be treated as part of any other leave (including annual leave, maternity leave, additional maternity leave, paternity leave, adoptive leave, and parents’ leave). 

Statutory sick leave is paid by the employer at a rate of 70% of the average hourly rate of pay. This includes any regular bonus or allowance that does not vary in relation to the work done by the employee. It does not include any overtime or commission. If an employee’s pay changes from week-to-week, their sick pay is the average of their pay over the 13 weeks immediately before the start of their sick leave. 

Sick pay is capped at a maximum of €110 a day. 

Employers who experience severe financial difficulties may apply to the Labour Court for an exemption to pay statutory sick leave for a period of between 3 to 12 months. 

Employees absent from work for more than 3 consecutive days may apply for Illness Benefit from the Department of Social Protection where eligible.