Introduction of Sick Leave Act 2022
The regulation of sick leave has usually been a matter of contract between an employer and employee.
For the first time legislation is now being enacted to give employees a statutory entitlement to sick days i.e. to the payment of up to 70% or a maximum of €110 per day for up to three days a year in 2022. This will increase in the ensuring years on the following basis:
- 2023 – 5 days
- 2024 – 7 days
- 2025 – 10 days
In order for an employee to qualify the employee must satisfy two conditions:
- The employee must have had 13 weeks continuous service.
- The employee must provide a medical certificate in relation to the day(s) being claimed for.
An employer can seek an exemption from the Labour Court if he can satisfy that there has been severe financial difficulties which prevents him from being able to afford to comply with such a scheme.
The failure by an employer to recognise the statutory entitlement of employees can give right to a complaint to the WRC which could result in an award of up to four weeks remuneration to the employee.
Employers are strongly advised to keep records of all applications made to them under the scheme and for these records to be kept for a minimum of four years.
For advice on this and any other employment related matter please do not hesitate to contact one of the Solicitors in the office on 01-2960666.
