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Update – Sick Leave Act 2022

posted 6 months ago

The provisions of the Sick Leave Act (“the Act”) commenced on 1st January 2023 and provides that an employee shall be entitled, up to and including three statutory sick leave days in a year. From the 1st January 2024, that entitlement to sick leave will increase to 5 days in a year.

Reminder of Key Provisions of the Act

  • The entitlement for payment of sick pay is subject to the employee having worked for their employer for 13 weeks.
  • A sick leave payment will be paid by employers at a rate of 70% of an employee’s wage. This will be subject to a daily cap of €110.00.
  • An employee will have to be medically certified as unfit to work to avail of statutory sick pay.
  • In the event that an employer provides a more favorable sick leave scheme then the Act will not apply. In determining whether an employer’s scheme is more favorable, reference should be made to a number of factors:
  • the period of service that is required before sick leave is payable;
  • the number of days that an employee is absent before sick leave is payable;
  • the period for which sick leave is payable;
  • the amount of sick pay that is payable;
  • the reference period of the sick leave scheme.
  • Employers must keep a record of the statutory sick leave taken by each employee and retain the record for a period of 4 years.  Failure to comply with this provision without reasonable cause will constitute an offence under the Act.
  • The Act also contains provisions where an employer is experiencing severe financial difficulties.

Authors – Ethna Dillon & Anne O’Connell

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