Sick Pay in Ireland: Your Legal Entitlements Under the Sick Leave Act (2026)

Last updated 9 October 2026. General information only, not legal advice.

Ireland introduced statutory sick pay for the first time under the Sick Leave Act 2022, which came into effect on 1 January 2023. For the first time, employees have a legal right to paid sick leave — independent of any contractual sick pay scheme their employer may operate. This guide explains your entitlements and how the scheme works in 2026.

Key points

  • Employees in Ireland are entitled to up to 5 paid statutory sick days per calendar year in 2026.
  • Pay is 70% of your normal daily pay, capped at €110 a day, and your employer pays it.
  • You need at least 13 weeks of continuous service with your employer and a certificate from a registered medical practitioner.
  • If you are sick for more than 5 days, you may be able to claim Illness Benefit from the Department of Social Protection, depending on your PRSI record.

What Are You Entitled To?

Under the Sick Leave Act 2022, the statutory entitlement was originally due to be phased in over several years:

  • 2023: 3 days statutory sick pay
  • 2024 onwards: 5 days statutory sick pay

The planned increases to 7 days (2025) and 10 days (2026) did not go ahead. In 2026, you are entitled to 5 days of paid sick leave per year under the statutory scheme. Any future increase would require a Government order, so check for updates before relying on this figure.

What Rate Is Sick Pay Paid At?

Statutory sick pay is paid at 70% of your normal daily wage, subject to a daily maximum of €110 (equivalent to 70% of earnings at approximately €31,000 per annum). You are not entitled to more than your normal daily rate under the statutory scheme.

Who Qualifies?

To qualify for statutory sick pay, you must:

  • Be an employee (self-employed persons are not covered)
  • Have been in continuous employment with the same employer for at least 13 weeks
  • Be certified as unfit for work by a registered medical practitioner (GP or equivalent)

Certification Requirements

You must obtain a medical certificate from your GP confirming your unfitness for work. The certificate must come from a registered medical practitioner and cover your absence from the first day of sick leave; no waiting days apply.

Interaction With Illness Benefit

Statutory sick pay covers up to 5 days of certified sick leave per year in 2026. After that, employees may apply for Illness Benefit from the Department of Social Protection (subject to PRSI conditions). Statutory sick pay and Illness Benefit cannot be received simultaneously for the same period.

Contractual vs Statutory Sick Pay

If your employer provides a contractual sick pay scheme that is more generous than the statutory entitlement — higher rate, longer duration, or both — the contractual scheme takes precedence. The statutory sick pay is a floor, not a ceiling. However, an employer cannot provide less than the statutory entitlement.

Protection Against Penalisation

Employees are protected against penalisation for exercising their rights under the Sick Leave Act. Dismissing, demoting, or otherwise disadvantaging an employee for taking statutory sick leave is unlawful.

Have employment law questions? This site is not a solicitor’s practice and cannot advise you; you can find a regulated solicitor through the Law Society of Ireland’s Find a Solicitor directory or join the no-fee solicitor service waiting list. Also see our Employment Contract service and unfair dismissal guide.

This article is for informational purposes only and does not constitute legal advice.

What Happens After the 5 Days?

If you are off sick for more than 5 days and have enough PRSI contributions, you can apply to the Department of Social Protection for Illness Benefit, which starts from day 6. If you are sick again later in the same year after using your 5 days of statutory sick pay, Illness Benefit can start from day 4. Statutory sick pay is paid by your employer, not by the State.

Part-Time Workers, Multiple Jobs and Unused Days

Part-time employees get the same 5 days, with daily pay worked out from their work pattern (the lower of the calculated amount and €110 applies). If you have two jobs, you can get 5 days from each employer once you have 13 weeks’ service with that employer. If you use fewer than 5 days in a year, the remaining days can be used for later sick periods in the same calendar year, but they do not carry over into the next year.

Frequently asked questions

How many sick days am I entitled to in Ireland in 2026?

Up to 5 paid sick days per calendar year under the Sick Leave Act 2022. The planned increase to 7 and then 10 days has not been introduced.

Do I get paid for the first day I am sick?

Yes. There are no waiting days for statutory sick pay, but you need a medical certificate from the first day and at least 13 weeks of continuous service.

Where do I complain if my employer does not pay statutory sick pay?

Try to resolve it with your employer first, then you can make a complaint to the Workplace Relations Commission. The time limit is generally 6 months from the dispute, which can be extended by a further 6 months where there is reasonable cause. See our guide to making a WRC claim.

Can my employer penalise me for taking statutory sick leave?

No. See the penalisation section above, our guide to pregnancy rights at work and our employment equality guide for related protections.

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