The Sick Leave Bill 2022 has now been signed into law by the President.
What will employees be entitled to?
The Act provides employees having at least 13 weeks’ continuous service with statutory entitlement to sick pay for three days per year. In order to benefit, an employee must obtain a medical certificate.
This entitlement can be increased by Ministerial Order by up to three days not sooner than 12 months from the commencement of the Act or from a previous order increasing it. The government has stated that the annual minimum entitlement will increase annually as follows:
| Year | Entitlement |
| 1 | 3 days |
| 2 | 5 days |
| 3 | 7 days |
| 4 | 10 days |
Statutory sick pay will be paid by employers at a daily rate of payment to be prescribed by ministerial regulations. The rate will be 70 per cent of an employee’s wage, subject to a daily maximum of €110, which can be revised in line with inflation and changing incomes.
How is it going to be enforced?
Employees who believe that their employer has failed to comply with the provisions of the Act may make a complaint to the Workplace Relations Commission (the “WRC”). Having regard to all circumstances, the WRC – or the Labour Court on appeal – may award the employee a compensation of up to 4 weeks’ remuneration.
What do employers need to do?
The Act is intended to provide a minimum level of sick pay coverage to all employees. Many employers will already offer employees some form of paid sick leave, over and above the new statutory entitlement. In any event, employers are advised to review and update their employment contracts and policies to reflect the new entitlement to statutory sick pay.
Employers should note also that they will be required to make a record of the statutory sick leave taken by each of their employees. This must include the period of employment, the dates and times of statutory sick leave, and the rate of statutory sick leave payment in relation to each employee who availed of statutory sick leave. Such record must be retained for a period of 4 years. A failure to comply with record requirements is an offence liable on conviction to a fine of up to €2,500.
If you require further guidance, please contact a member of DLA Piper Ireland's Employment team.
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