Mandatory sick pay now law

The signing into law of legislation which introduced mandatory sick pay has been hailed by the Irish Congress of Trade Unions (ICTU).

Responding to the signing of the Sick Leave Bill into law by the President today, ICTU general secretary Patricia King said: “This landmark legislation ends our failed voluntary approach to sick pay and will be an enduring positive legacy of the pandemic.

“ICTU instigated the campaign to make sick pay mandatory to bring us to this point today, and we will continue to press for improvements in the annual reviews of the scheme.

“Up to now, Ireland was one of just a handful of wealthy countries globally that did not guarantee workers paid sick leave from their employer when unfit for work.

“Paid sick days were treated as a perk of the job that employers could decide whether or not to include in a contract of employment. As a result, up to half of our workforce, over one million employees, are not covered for sick pay in their terms and conditions.

“Hundreds of thousands of low-paid essential workers have had to continue to work when ill or injured out of financial necessity. The Covid clusters among meat plant workers denied sick pay from profitable employers was a glaring example of this and its consequences.

“Ensuring workers are well at work is a basic issue of safety and simply the right thing to do. When workers are unwell they need to rest to recover. When sick workers stay home they reduce the spread of infection and the risk of workplace accidents. What has long been the norm across Europe is now recognised in our employment laws and has overwhelming public support.”

Longford/Westmeath TD, Minister of State Robert Troy said the legislation would build "on a suite of legal rights that the government has introduced to date to help improve the terms and conditions of workers."

"This employment right means that all workers will now have a right to sick leave no matter what their illness or job," he said.

This new scheme will be phased in starting with three days paid sick leave per year, rising to five days in year two and seven days in year three. Employers will eventually cover the cost of ten days in year four.

Sick pay will be paid by employers at a rate of 70% of an employee’s wage, subject to a daily maximum of €110. It can be revised over time by ministerial order in line with inflation and changing incomes.

An employee must obtain a medical certificate to avail of statutory sick pay, and the entitlement is subject to the employee having worked for their employer for a minimum of 13 weeks. Once entitlement to sick pay from their employer ends, employees who need to take more time off may qualify for illness benefit from the Department of Social Protection subject to PRSI contributions.