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Dublin Live
National
Kim O'Leary

Sick pay law explained: How many days are guaranteed, rate of pay and more as new legislation comes into effect

Employers will have to pay workers for sick pay in 2023 as new laws come into effect from today, which is set to be a welcome boost for thousands.

As of January 1, employers now have a legal obligation to pay their staff when they are absent from work due to illness. The Sick Leave Act came into law on July 20 of this year and is now in effect, with the new scheme aiming to bring Ireland in line with other European countries.

The scheme is being introduced on a phased four year basis, which will grant all workers 3 days of sick leave for 2023. It's great news for workers but there are some rules that apply for those seeking sick pay, such as employees need to be working least 13 weeks for their employer, and they must also get a sick note from their GP.

Read more: Taoiseach Leo Varadkar says government will consider introducing more cost of living measures

Here's everything you need to know about the new legislation, who is eligible and how many sick days you could be entitled to.

What is the new Statutory Sick Pay Scheme?

The new Statutory Sick Pay Scheme (SSPS) is the new scheme introduced to cover sick pay when an employee is ill from work. The new legislation is set to be phased out over the next four years right up until 2026.

The sick pay year covers the calendar year, which runs from from 1 January to 31 December. The legislation is meant to help low paid employees who do not have entitlements to a company sick pay scheme.

Thousands of workers are set to benefit from the new scheme, and workers could get sick pay of 70% of normal weekly pay, up to a maximum €110 a day.

How many sick days are workers entitled to?

Under the new legislation, workers will have the right to be paid sick leave for up to three sick days per year, which will increase to 5 days in 2024, 7 days in 2025 and 10 days in 2026.

Who can receive sick pay?

To claim sick pay a worker must be working for their employee for 13 weeks, and will also need to be certified by a GP as unfit to work.

They will also be able to take a complaint to the Workplace Relations Commission if they are not provided with a company sick pay scheme from the new year. Workers who are also entitled to receive sick pay include workers on probation, interns or those undergoing training, an apprentice, and agency workers.

Following the successful passage of the bill through the Oireachtas in July, then-Minister for Business Leo Varadkar said: "No worker should feel pressurised to come into work when they are unwell.

“It’s not good for their own health obviously, but it’s also bad for their colleagues, any customers they deal with and their employer. From later this year, all workers will have the safety net of knowing they will not lose out on payment if they are unwell and can’t come into work," he added.

Meanwhile, thousands of workers will receive a welcome boost from today as minimum wage is going up from €10.50 to €11.30, although different rates apply to workers based on their age.

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