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Jul 2021

9

How Statutory Sick Pay will be calculated when introduced in Jan 2022

The Government is currently drafting the Sick Leave Bill 2021 which will make it mandatory for employers in Ireland to provide Statutory Sick Pay (SSP) for employees. The sick pay scheme aims to ensure that every worker in the private sector will have the security and peace of mind of knowing that if they fall ill and miss work, they will not lose out on a full day’s pay.

Currently, there is no legal obligation on employers in Ireland to pay employees who are on sick leave, and it is up to the discretion of each employer. At present, employees in companies who do not offer sick pay can apply for Illness Benefit after 3 days of illness. Different rates apply depending on the employee’s earnings - the maximum for those earning over €300 is €203 per week. COVID-19 had a particular impact on those employees in companies where sick pay was not provided and highlighted the fact that Ireland is one of just three remaining countries in the EU not to have introduced a Statutory Sick Pay Scheme.

See statement from Tánaiste, Leo Varadkar:

“Ireland is one of the few advanced countries in Europe not to have a mandatory sick pay scheme, and although about half employers do provide sick pay, we need to make sure that every worker, especially lower-paid workers in the private sector, have the security and peace of mind of knowing that if they fall ill and miss work, they won’t lose out on a full day’s pay. I believe this scheme can be one of the positive legacies of the pandemic as it will apply to illness of all forms and not just those related to COVID-19.”

The plan is to introduce SSP over a 4-year period commencing January 2022.

The initial plan is as follows:

  • 2022 – 3 days covered
  • 2023 – 5 days covered
  • 2024 – 7 days covered
  • 2025 – 10 days covered

The rate of pay will be calculated on 70% of the employee’s wages (subject to a daily maximum of €110). Employees will need to provide a medical certificate to qualify and they must be in that employment for a minimum period of 6 months before they can qualify.

The daily earnings threshold of €110 is based on 2019 mean weekly earnings of €786.33 and equates to an annual salary of €40,889.16. It can be revised over time by ministerial order in line with inflation and changing incomes.

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.

Employers will need to prepare for this new legislation and update Contracts of Employment and company policies accordingly. Check out our sister product, Bright Contracts, which can help you keep contracts of employment and staff handbooks up to date with changing legislation.

Please note that the above plan has not yet been legislated on and is subject to change.

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Posted byAnn TigheinSick Leave/Absence Management