1. Introduction

The Sick Leave Act 2022 introduced a statutory right to paid sick leave for employees in Ireland, beginning with three days in 2023 and increasing incrementally. Statutory sick pay constitutes “wages” for the purposes of the Payment of Wages Act 1991, with the result that any unpaid entitlement may be pursued under Section 5.

This article considers the statutory framework, the interaction between Sick Leave Act entitlements and contractual sick pay schemes, and the procedural rules for complaints.

2. Legislation and Case Law

The Sick Leave Act 2022 provides for paid sick leave at the rate of 70% of normal weekly remuneration, subject to a daily maximum of €110. The entitlement is set at three days in 2023, with proposals to extend to five and ten days in future years.

Section 5 of the Sick Leave Act 2022 provides that the entitlement applies only where the employee has at least thirteen weeks’ continuous service with the employer.

Section 8 of the Sick Leave Act 2022 provides that an employer’s existing sick pay scheme may be treated as compliant where it is, as a whole, more favourable than the statutory entitlement. The assessment is qualitative and considers the overall scheme.

Section 13 of the Sick Leave Act 2022 confers complaints jurisdiction on the WRC. In addition, statutory sick pay falls within the definition of “wages” in the Payment of Wages Act 1991, opening a parallel route under Section 5. 

3. Decision

The WRC will examine whether the employee has satisfied the qualifying conditions (continuous service, medical certification) and whether the employer has paid the correct amount.

Where the employer relies on an existing scheme as more favourable, the WRC will assess the scheme as a whole. Schemes that exclude particular categories of absence or impose more restrictive eligibility criteria may not qualify even if the daily rate is higher.

Compensation under the Sick Leave Act may include the unpaid sick pay together with such additional compensation as the WRC considers just and equitable, up to four weeks’ remuneration.

4. Takeaway

Employers should review their sick pay arrangements to ensure that they meet or exceed the statutory entitlement. Where reliance is placed on an existing scheme, the basis for that reliance should be documented.

Employees who believe they have been underpaid statutory sick pay should preserve copies of medical certificates and payslips, and lodge a complaint within the six-month cognisable period.

5. Further information

This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.

6. About Crushell & Co

Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.

We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.

Connect: @CrushellLaw or www.crushell.ie