Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Sick Leave Act 2022 came into effect on 1st of January 2023 providing up to 3 days of employer-paid sick leave in a year, paid at 70% of gross salary up to a cap of €110 per day.

I cannot provide legal advice in relation to a specific case, but I would draw your attention to section 9(1) and (2) of the Act, which state :

1. The obligations under this Act shall not apply to an employer who provides his or her employees a sick leave scheme where the terms of the scheme confer, over the course of a reference period set out in the scheme, benefits that are, as a whole, more favourable to the employee than statutory sick leave.

2. In determining, for the purposes of subsection (1), whether a sick leave scheme confers benefits that are, as a whole, more favourable than statutory sick leave, the following matters shall be taken into consideration:

(a) the period of service of an employee that is required before sick leave is payable;(b) the number of days that an employee is absent before sick leave is payable;(c) the period for which sick leave is payable;(d) the amount of sick leave that is payable;(e) the reference period of the sick leave scheme.

If an employee has believes that their employer has not complied with their obligations under the Act, the employee can refer the matter to the Workplace Relations Commission where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court.