Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Sick Leave Act 2022 introduced the concept of statutory sick leave. The Department of Enterprise, Trade and Employment has policy responsibility for statutory sick leave. In 2023, workers had an entitlement to 3 days statutory sick leave in a calendar year which, since 1 January 2024, has now increased to 5 days. Under the scheme, sick pay may be paid by an employer at 70% of a person’s normal pay, up to a maximum of €110 a day for the first 5 days of an absence due to illness.

The Sick Leave Act 2022 also provides for employers to operate sick leave schemes which are, on the whole, more favourable to the employee than what would be provided in terms of statutory sick leave. The factors to be considered when deciding if an employer scheme is more favourable are set out in section 9(2) of the Act and include: the period of service required to access the employer scheme, any waiting days applied before sick leave is payable, the period for which sick leave is payable, the amount of sick leave that is payable and the reference period for the employer scheme. The Act provides that these schemes are in replacement of and not in addition to statutory sick leave.

In dealing with claims for illness benefit and injury benefit my Department treats statutory sick leave employees and employees covered by the more favourable arrangements (who are not on statutory sick leave) the same in terms of the effect on their illness benefit and injury benefit entitlements (the number of payable days on their claim). Illness benefit and injury benefit are not payable where the person is on either statutory sick leave or their employer’s scheme which is exempt from statutory sick leave because it offers better terms.

In 2024, illness benefit and injury benefit are generally paid from day 6 of the claim. Days 1-3 are covered by both illness benefit/injury benefit ‘waiting days’ and the first 3 statutory sick leave days (or equivalent recognition of the more favourable employer scheme). Days 4 and 5 are covered by the remainder of the 5 days statutory sick leave (or equivalent recognition of the more favourable employer scheme). However, should a person exhaust their allocation of 5 days in a calendar year and apply again for illness benefit or injury benefit within the same year they will be paid illness benefit or injury benefit from day 4 (having served the 3 waiting days).

These arrangements are provided for by amendments to the illness benefit and injury benefit provisions in the Social Welfare Consolidation Act 2005 that came into effect on 1 January 2024.

The question of legal obligations on employers in relation to sick pay schemes is a matter for the Minister for Enterprise, Trade and Employment.

I trust this clarifies the matter for the Deputy.