Irish Sick Leave Act 2022: New Statutory Sick Pay Explained

If you've ever had to miss work because you were unwell, you've probably wondered whether your employer has to pay you for those days. Since 2023, the answer in Ireland has changed. The Irish Sick Leave Act 2022: New Statutory Sick Pay Explained in this guide sets out what employees are owed, how much money is involved, and what paperwork you need to claim it. Whether you're an employee checking your rights, or an HR manager confirming your payroll is compliant, this article walks through the rules in plain English.

We'll cover eligibility, pay rates with a worked example, the medical certificate requirement, how statutory sick pay Ireland compares to company sick pay schemes, and what happens if an employer refuses to pay. By the end, you'll know where you stand under the law in 2026.

Employees' Entitlement to Statutory Sick Leave

The Sick Leave Act 2022 gives most employees in Ireland a legal right to paid time off when they're too sick to work. Before this law, sick pay was entirely up to the goodwill of the employer, unless there was a company policy in place. it's a floor that every eligible worker can rely on.

To qualify for statutory sick pay, an employee must meet a few basic conditions:

• They must have worked for their employer for at least 13 weeks continuously before the sick day.
• They must be certified as unfit for work by a registered medical practitioner (a GP medical certificate).
• They must notify their employer of their illness in line with the company's normal notification procedure.
• The absence must fall within the annual day limit set for that calendar year.

This applies to full-time, part-time, and casual workers alike, as long as the 13-week service requirement is met. Employees on probation are still covered once they pass the 13-week threshold, so sick leave and probation aren't mutually exclusive; a probationary employee who has clocked up enough continuous service can still claim statutory sick pay.

One point that trips people up: the entitlement is to paid sick leave up to a capped number of days each year. Once that cap is reached, an employee may still be able to apply for Illness Benefit through the Department of Social Protection, provided they have enough PRSI contributions, but the employer is no longer obliged to pay under the statutory sick leave entitlement Ireland scheme.

How Many Statutory Sick Days Are There in 2026?

The Sick Leave Act 2022 was designed to roll out gradually, giving employers time to adjust their payroll and budgets. The number of paid sick days has increased year on year since the scheme began:

The original plan was to increase the entitlement to 10 statutory sick days by 2026, moving through 7 days in an interim year. But the Government paused further increases after 2024 to assess the impact on small businesses, so the current statutory sick leave entitlement Ireland remains at 5 days per year unless a fresh Ministerial order changes it. Always check the Department of Enterprise, Trade and Employment's website for the latest confirmed figure, since this is the single detail most likely to change.

Pay Rate and Calculation: What Rate Is Sick Pay Paid At?

Statutory sick pay isn't paid at your full normal wage. Under the Sick Leave Act 2022, employees are entitled to 70% of their normal daily wage , subject to a daily cap of €110 , whichever figure is lower.

Here's how that plays out in practice.

Worked Example: Calculating Statutory Sick Pay

Say Sarah works full-time and earns €180 a day (based on her normal weekly wage divided by her usual working days). If she's out sick for two days and certified by her GP, her employer calculates her sick pay like this:

• 70% of €180 = €126
• Since €126 is above the €110 daily cap, Sarah is paid the capped amount of €110 per day .
• Over two sick days, Sarah receives €220 in total statutory sick pay.

Now compare that to Tom, a part-time worker earning €90 a day. His calculation looks different:

• 70% of €90 = €63
• Since €63 is below the €110 cap, Tom is paid €63 per day , the actual 70% figure.
• Over three certified sick days, Tom receives €189.

This example shows why the daily earnings threshold sick pay rule matters: higher earners are capped at €110 a day, while lower earners simply receive 70% of their actual daily pay. Employers should build this calculation into their payroll setup so that sick pay is processed correctly and consistently, avoiding disputes later.

Interaction With Illness Benefit

Statutory sick pay is separate from Illness Benefit, which is a payment from the Department of Social Protection funded by PRSI contributions. Employees cannot claim both statutory sick pay and Illness Benefit for the same day from the same employer. Once your statutory sick pay days run out, or if you don't qualify for them, Illness Benefit may be available if you meet the PRSI conditions, offering a second layer of income protection during longer illnesses.

Medical Certificate Requirement for Sick Leave

This is the part of the Sick Leave Act 2022 that catches many employees off guard: statutory sick pay is only payable when the absence is certified . A quick phone call to your manager saying you're unwell isn't enough on its own. You need a proper sick note for work, signed by a registered medical practitioner, confirming you were unfit for duty on the specific dates claimed.

What Employers Are Allowed to Ask For

Employers can request:

• A GP medical certificate stating the dates of illness and confirming unfitness for work.
• Certification submitted within a reasonable timeframe, usually as set out in the company's sick leave policy.
• In some cases, a certificate confirming fitness to return to work, particularly after a longer absence.

Employers cannot demand details of your diagnosis. A GP is only required to confirm that you are (or were) unfit for work, not to disclose the medical reason, which protects patient confidentiality under GDPR and standard medical ethics.

Getting a Certificate Quickly When You're Sick

The practical problem many employees face is timing. If you wake up unwell, booking a same-day GP appointment can be difficult, especially in areas with limited GP availability or during flu season when practices are booked out. Yet your employer's sick leave policy may require certification within a day or two of the absence.

This is where an online medical certificate service becomes genuinely useful. Platforms like Get Medical Certificate connect you with a licensed doctor remotely, so you can get a valid, doctor-issued sick note without waiting days for an in-person appointment. This matters for two groups in particular:

• Employees who need certified sick leave documentation fast enough to meet their employer's notification deadline.
• Remote workers or the wider European audience who need a GDPR-compliant certificate that's recognised across borders, not just locally.

Because the certificate is issued by a real doctor after a consultation, it carries the same standing as an in-person GP note for the purpose of claiming statutory sick pay, while saving you the hassle of sitting in a waiting room while you feel unwell.

Contractual vs Statutory Sick Pay

A common source of confusion is the difference between contractual sick pay and the statutory minimum set by law. Understanding this distinction matters, because many employees are already covered by a better deal than the statutory floor.

If your employer already offers a contractual sick pay scheme that's equal to or better than the statutory minimum, they don't need to run two separate systems. The law allows a more favourable contract provision to satisfy the statutory obligation, as long as it meets or exceeds what the Sick Leave Act 2022 guarantees in both pay rate and number of days. Where a company scheme is less generous than the statutory scheme, the statutory rules take over and set the floor the employer must pay.

It's worth checking your own contract or staff handbook. Many larger employers, and some public sector bodies, already provided full-pay sick leave long before 2023, meaning the new law simply confirms rights they already offered. Smaller employers without a formal company sick pay policy vs statutory minimum comparison should review their contracts now, since defaulting to statutory sick pay Ireland rules is the safest, most compliant approach if no policy exists.

Employer Obligations Under the Scheme

Employers carry the main compliance burden under the Sick Leave Act 2022. Key employer obligations sick pay duties include:

• Paying eligible employees at the correct statutory rate, calculated accurately from payroll records.
• Keeping sick leave records for each employee, including dates of absence, certification received, and payments made, for at least four years.
• Applying the scheme consistently and fairly across all eligible staff, regardless of contract type.
• Informing employees of their rights under the scheme, typically through a written sick leave policy or staff handbook.

Exemption From the Obligation to Pay

There is a narrow exemption from sick pay obligation for employers facing genuine financial hardship. A business can apply to the Labour Court for a temporary exemption if it can demonstrate it cannot afford to pay statutory sick pay without risking serious financial difficulty. This exemption isn't automatic and isn't meant to be a routine workaround; it requires a formal application and supporting financial evidence, and it's reviewed periodically. Most small and medium employers are expected to budget for statutory sick pay as a standard cost of employment rather than rely on this exemption.

Protection Against Penalisation

The Sick Leave Act 2022 includes strong protection against penalisation, meaning an employer cannot punish an employee for exercising their right to statutory sick leave. Penalisation covers a wide range of actions, including:

• Dismissal, demotion, or unfair treatment linked to a certified sick leave claim.
• Threats, warnings, or negative performance reviews connected to taking sick leave.
• Reducing hours, pay, or responsibilities because an employee exercised their statutory entitlement.
• Any unfavourable change to terms of employment triggered by a sick leave request.

If an employee believes they've been penalised for taking certified sick leave, or that their employer has wrongly refused to pay statutory sick pay, they can bring a complaint to the Workplace Relations Commission (WRC). The WRC can order compensation of up to four weeks' remuneration where penalisation is proven, separate from any sick pay owed. This protection sits alongside broader unfair dismissal sick leave protections, meaning dismissing someone specifically because they took certified sick leave can also expose an employer to an unfair dismissal claim.

For employees, the practical takeaway is this: if you're certified as unfit for work, follow your employer's notification procedure, and submit your medical certificate, you are legally protected. Employers who ignore this risk real financial and legal consequences.

Self-Employed Workers and the Statutory Scheme

It's worth being clear about who the Sick Leave Act 2022 does not cover. Self-employed sick pay Ireland isn't part of this scheme at all, since the law applies only to the employer-employee relationship. Self-employed people who fall ill and can't work should instead look at Illness Benefit through the Department of Social Protection, provided they have made enough Class S PRSI contributions, or consider private income protection insurance for longer-term cover. If you're self-employed and need a certified medical record of your illness, for insurance claims, client communication, or your own records, a GP or online medical certificate service can still provide that documentation, even though statutory sick pay itself doesn't apply to you.

Frequently Asked Questions

How many statutory sick days am I entitled to in 2026?

In 2026, employees who meet the eligibility criteria are entitled to 5 paid statutory sick days per year, paid at 70% of normal daily pay up to a cap of €110 per day.

Do I need a medical certificate to claim statutory sick pay?

Yes. You must provide a certificate from a registered medical practitioner confirming you were unfit for work on the days you're claiming. Without certification, your employer isn't obliged to pay under the Sick Leave Act 2022.

What's the difference between statutory and contractual sick pay?

Statutory sick pay is the legal minimum set by the Sick Leave Act 2022. Contractual sick pay is whatever your employer agrees to in your contract or company policy, which can be more generous but must at least match the statutory minimum.

Can my employer refuse to pay statutory sick pay?

Only in limited circumstances, such as if you haven't met the 13-week service requirement, haven't provided certification, or your employer has an approved financial hardship exemption from the Labour Court. Otherwise, refusal to pay can be challenged through the Workplace Relations Commission.

What happens after my statutory sick days run out?

Once you've used your statutory allowance, your employer has no further obligation under the Act, unless your contract offers more. You may then be able to apply for Illness Benefit if you have sufficient PRSI contributions.

Is statutory sick pay the same as Illness Benefit?

No. Statutory sick pay is paid by your employer for a set number of certified days each year. Illness Benefit is a separate social welfare payment from the Department of Social Protection, funded through PRSI, and available once you exhaust or don't qualify for statutory sick pay.

What to Remember for Irish Employees and Employers

The Irish Sick Leave Act 2022: New Statutory Sick Pay Explained in this guide gives every eligible employee a legal right to paid time off when they're genuinely unwell, backed by clear rules on pay rates, day limits, and certification. In 2026, that means 5 paid sick days, calculated at 70% of your normal wage up to €110 a day, provided you've worked 13 weeks continuously and have a valid medical certificate. For employers, compliance means accurate payroll calculations, proper record keeping, and respecting the strong protection against penalisation built into the law. For employees, it means knowing your rights, understanding how statutory sick pay Ireland actually works, and getting certified promptly when you're unwell. If you're feeling unwell and need a same-day, doctor-issued medical certificate to support your sick leave claim, you don't have to wait for a GP appointment. Get Medical Certificate lets you get a fast, GDPR-compliant certificate online, valid across Europe, so you can rest, recover, and stay compliant with your employer's certification requirements at the same time.