Robert Troy (Longford-Westmeath, Fianna Fail)
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262. To ask the Minister for Enterprise, Trade and Employment the recourse an employee has when their employer does not pay sick pay and they did not make a claim to the Department of Social Protection. [24394/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
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The Sick Leave Act 2022 commenced on 1st January 2023, and introduced a new statutory right to employer-paid sick leave. This progressive Act provides protection to employees who do not currently have employer-paid sick pay schemes, many of whom are low-paid and cannot afford to miss work.

As a starting point, the scheme provides an entitlement to 3 days of employer-paid sick leave. In many cases this will cover the 3 "waiting days" before eligibility for Illness Benefit from the State commences. The entitlement will rise from the initial 3 days to 5 days from January 2024 to 7 days from January 2025, and to 10 days from January 2026 onward. Sick pay will be paid by employers at a rate of 70% of an employee's wage, subject to a daily threshold of €110.

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.

The Act also provides that an employer whose business is experiencing severe financial difficulties may apply to the Labour Court for an exemption to pay Statutory Sick Pay.

The Workplace Relations Commission (WRC) is the organisation which is mandated to secure compliance with employment rights legislation. Employees have the right to refer a complaint to the WRC where they believe their employer has failed to comply with the provisions of the Sick Leave Act 2022. An Adjudication Officer (or the Labour Court on appeal) may award compensation not exceeding 4 weeks' remuneration in respect of the employee's employment.

An application for Illness Benefit to the Department of Social Protection has no bearing on an employee's entitlement to refer a complaint to the WRC. The Department of Social Protection can advise people who are in urgent financial need of other income supports which they may be entitled to.