In Ireland there is no current mandatory sick pay scheme where employers are legally obliged to pay employees who are absent on sick leave. Whilst some employees have a contractual entitlement to sick pay as set out in their contract of employment, an employer is not currently contractually obliged to provide this.
In some instances, employees may have an implied right to sick pay if the company have a history of paying sick pay and there is custom and practice in doing so.
The issue of sick pay in Ireland has now come to the fore in light of the Covid-19 pandemic and the Government recently published the Sick Leave Bill 2021.
Sick Leave Bill 2021
The Bill as currently draft provides for a statutory payment known as a “statutory sick leave payment” to be paid to an employee up to three days a year. An employee must have completed 13 weeks of continuous service to become entitled to the payment and will also have to provide a medical certificate confirming that they are unfit for work.
It has been proposed by the Department of Enterprise Trade and Employment that payment may be paid at 70% of regular earnings up to €110 per day but this is subject to change.
Some employers have expressed concern that they may not be able to afford to pay sick leave and such employers may be able to apply to the Labour Court for an exemption from the Bill for a temporary period of time. Such employers will have to satisfy a number of steps before an exemption may be granted.
It has been indicated by the Department that sick leave days may increase from three days in year one to ten days in year four
It should be remembered that the Bill has not yet been enacted and there may be further changes before it is signed into law.
We will keep you updated of any changes and a copy of the current draft Sick Leave Bill 2021 and related information can be accessed at the following link.