Statutory Sick Pay in Ireland (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Irish Acts of the Oireachtas, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Sick Leave Act 2022 created Ireland's first statutory sick-pay entitlement, ending decades in which paid sick leave was purely contractual. The Act lays out a phased ramp from 3 to 10 days, but progress beyond 5 days was paused by the government — for 2026 the entitlement remains at 5 days per year (no Ministerial S.I. has raised it).
- Entitlement: 5 days paid sick leave per calendar year (the 7-day step originally scheduled for 2025 was not commenced).
- Rate: 70% of your usual daily earnings, capped at €110 per day.
- Qualifying service: 13 weeks' continuous service with the employer before the first day of statutory sick leave.
- Medical certificate: required from a registered medical practitioner from day 1.
- On top of: Illness Benefit from the Department of Social Protection (subject to PRSI contributions), and any more generous occupational sick pay.
When does it apply?
- You are an employee (not self-employed) under a contract of service.
- You have completed at least 13 weeks of continuous service with the employer.
- You have a medical certificate stating you are unfit to work.
- The right is in addition to any contractual sick pay — your employer cannot use the statutory minimum to displace a more generous company scheme.
What to Do If Your Irish Employer Refuses Statutory Sick Pay
- Notify your employer as early as possible on the first day of absence, in line with your contract or staff handbook.
- Get a medical certificate from your GP — the Act requires it from day 1, not day 4 like Illness Benefit historically.
- If your employer refuses to pay, raise it in writing first.
- If unpaid, file a WRC complaint under section 13 of the Sick Leave Act 2022 within 6 months of the contravention (extendable to 12 months for reasonable cause). Compensation up to 4 weeks' remuneration.
- Free advice: Citizens Information (0818 07 4000) or Workplace Relations Commission (0818 80 80 90).
What should you NOT do?
- Don't skip the medical certificate — without it the employer can lawfully refuse payment.
- Don't assume the 70% / €110 cap covers everyone. If you're a higher earner, occupational sick pay (where it exists) is usually the real top-up.
- Don't miss the 6-month WRC window — Statutory Sick Pay complaints are time-barred quickly.
About Workers' Rights in Ireland
If you have a problem at work in Ireland, the Workplace Relations Commission (WRC) handles it — mediation, adjudication, inspection, and appeals to the Labour Court. The Employment Equality Acts 1998-2015 ban discrimination on nine grounds, the Organisation of Working Time Act 1997 caps hours at 48 and gives 4 weeks paid leave, and the Unfair Dismissals Acts 1977-2015 kick in after 12 months' service (with no qualifying period for pregnancy, union activity, or protected disclosures). The minimum wage is €14.15/hour from 1 January 2026, and tips can't make up the floor.
Common Questions
What is the statutory sick pay right in Ireland?
The Sick Leave Act 2022 created Ireland's first statutory sick-pay entitlement, ending decades in which paid sick leave was purely contractual. The Act lays out a phased ramp from 3 to 10 days, but progress beyond 5 days was paused by the government — for 2026 the entitlement remains at 5 days per year (no Ministerial S.I. has raised it).Entitlement: 5 days paid sick leave per calendar year (the 7-day step originally scheduled for 2025 was not commenced).Rate: 70% of your usual daily earnings, capped at €110 per day.Qualifying service: 13 weeks' continuous service with the employer before the...
When does it apply — statutory sick pay?
You are an employee (not self-employed) under a contract of service.You have completed at least 13 weeks of continuous service with the employer.You have a medical certificate stating you are unfit to work.The right is in addition to any contractual sick pay — your employer cannot use the statutory minimum to displace a more generous company scheme.
What should I do if my employer in Ireland is not paying me Statutory Sick Pay?
Notify your employer as early as possible on the first day of absence, in line with your contract or staff handbook.Get a medical certificate from your GP — the Act requires it from day 1, not day 4 like Illness Benefit historically.If your employer refuses to pay, raise it in writing first.If unpaid, file a WRC complaint under section 13 of the Sick Leave Act 2022 within 6 months of the contravention (extendable to 12 months for reasonable cause). Compensation up to 4 weeks' remuneration.Free advice: Citizens Information (0818 07 4000) or Workplace Relations Commission (0818 80 80 90).
What should you NOT do — statutory sick pay?
Don't skip the medical certificate — without it the employer can lawfully refuse payment.Don't assume the 70% / €110 cap covers everyone. If you're a higher earner, occupational sick pay (where it exists) is usually the real top-up.Don't miss the 6-month WRC window — Statutory Sick Pay complaints are time-barred quickly.