Taking time off because of a long-term illness or an extended absence from work in Ireland can be overwhelming. Between managing your symptoms, appointments, and financial worries, the last thing you need is confusion about your rights.
Let’s take a closer look at long-term sick leave rights in Ireland, as well as what happens in cases of long-term absence due to illness, with reference to Irish law and official sources.
What is Considered Long-Term Sick Leave?
Long term sick leave is when an employee is absent from their work for an extended period of time, essentially an extended absence due to illness.
In Ireland (although not defined in legislation), generally sick leave is considered long-term when the employee has been absent from their job for more than four weeks.
Your Statutory Sick Leave Entitlements
How Much Sick Pay Do You Get?
Ireland introduced statutory paid sick leave under the Sick Leave Act 2022.
At the moment, employees are entitled to 5 days of paid sick leave per calendar year (subject to medical certification and minimum service requirements i.e. you’ve worked for your employer for 13 continuous weeks before you’re sick). This is paid by your employer at 70% of your regular daily earnings, capped at €110 per day.
This statutory entitlement is just a minimum. Many employers offer more generous sick pay schemes through their contracts.
Do You Still Build Up Annual Leave While on Long-Term Sick Leave?
Yes, your statutory entitlement to annual leave continues to build up when you’re on sick leave, if you have a medical certificate.
If you get sick while you’re on your annual leave, get a medical certificate and give it to your employer when you return to work. Certified sick days won’t be counted as annual leave and you can take your annual leave later.
Your employer cannot force you to use annual leave on days you were medically certified as sick/unwell.
What Happens When Illness Lasts Longer?
Once you have used your employer’s paid sick days and statutory entitlements, there are two separate systems you need to understand.
1. Employer’s Sick Pay Policies
Most companies / organisations have internal procedures for long-term sick leave. These may include:
- Ongoing medical certification
- Regular check-ins with HR
- Occupational health assessments
- Return-to-work agreements
At present, the Sick Leave Act only covers statutory sick pay for a small number of days. It doesn’t regulate long-term paid sick leave. What your employer provides depends on your employment contract and company’s policy.
However, the employer must handle long-term absences fairly. They must gather medical evidence, consult with the employee, consider reasonable adjustments, and follow a fair procedure to make any decision.
It should be noted that if an employer provides a sick pay scheme to their employees that is more favourable than the terms of the statutory scheme, they won’t have additional obligations under the Act.
2. Illness Benefits & State Supports
Illness benefit is the weekly payment you may receive from the Department of Social Protection (DSP), if you can’t work because you’re sick.
According to Citizensinformation.ie (Government of Ireland) , to get this, you must meet social insurance (PRSI) Illness Benefit conditions.
You should always apply for Illness benefit, if your doctor certifies you as unfit to work.
Even if you don’t qualify for the payment, you may still get PRSI credited contributions which can help you qualify for other social welfare payments in the future.
In case you don’t qualify for Illness Benefit, or while you’re waiting for a decision, you may get Supplementary Welfare Allowance. This is the weekly allowance paid to people who don’t have enough income to meet their needs or their family’s needs.
Could You Be Fired While on Long-Term Sick Leave?
Yes, it’s possible that you could be fired/dismissed while on long-term sick leave but only after a fair multi-step process.
However, it depends on the specific circumstances and legal jurisdiction and the employers must follow fair procedure.
For long-term absences, employers must gather strong medical evidence showing that your early return to work is unlikely.
There’s no fixed length of absence that makes dismissal automatically reasonable, however, longer absences can make it easier for employers to show genuine operational or business difficulty.
You may be asked to attend an assessment with the employer’s medical specialist, and if medical opinion differs, the employer should get a second independent opinion before making any decision.
When your illness qualifies as disability (if it substantially restricts daily activities long-term) under equality legislation, your additional rights and protections must be considered.
Learn more: Can you be fired for misrepresentation of a sick note?
Alternatives to Dismissal Employers Must Consider
Before an employer lawfully dismisses an employee who has been on long-term sick leave, they should consider reasonable alternatives. These may include:
- Formal warnings
- Phased return to work
- Reasonable accommodations like workplace adjustments if you have a disability. These adjustments may include changes to the work environment, ramp for wheelchair, and ergonomic equipment
- Modified or alternative duties
- Temporary redeployment (moving the employee to a different role that is more suitable to their health restrictions, at the same level where possible)
- Additional medical assessments
It can be unlawful to dismiss an employee for long-term sick leave without considering reasonable adjustments.
Legal Rights and Protections for Employees while on Long-Term Sick Leave in Ireland
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Unfair Dismissal Protections
The Unfair Dismissals Acts protect you from being dismissed without fair reason or process.
You can be dismissed for long-term incapacity in some cases but only if your employer:
- Fully investigates your medical condition
- Gives you a chance to respond
- Considers reasonable accommodations
- Acts fairly and proportionately
If they skip steps or rush to dismissal, it may be unlawful.
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Disability Rights
According to Citizensinformation.ie (Government of Ireland), “the Employment Equality Acts 1998-2015 makes it illegal to discriminate based on a disability in employment, training and recruitment.”
As outlined under the Employment Equality Act 1998 (Section 2), disability includes “the presence in the body of organisms causing, or likely to cause, chronic disease or illness”.
Employers must consider reasonable accommodations for their employees. These may include adjusted duties, reduced hours, remote or hybrid work, and a phased return-to-work plan.
What Your Employer Can Legally Request?
Your employers are allowed to ask for:
- Medical certificates
- Return-to-work reports
- Occupational health assessments
However, they must treat all medical information as sensitive personal data and only involve those who need to know.
If an employer asks for overly intrusive medical details, you can ask what they need it for and how it’ll be used.
Practical Steps to Protect Yourself
Here are some simple steps that can help you stay protected:
- Review your contract and check sick pay schemes, notice requirements, and long-term absence procedures.
- Keep your employer updated about your situation, ideally in writing.
- Make sure you have medical evidence including medical certificates/sick notes/ sick certs.
(You can get an online sick cert after a medical consultation and doctor’s approval by an IMC-registered doctor. Valid in Ireland and other EU countries).
- Apply for Illness Benefit.
- Request reasonable accommodations you might need when you return to work.
- Get legal advice when things get difficult.
Disclaimer: This blog is for information purposes, not legal advice.
If you’re dealing with workplace pressure and anxiety over taking a sick leave, you may also find this helpful: What is sick note paranoia and how to overcome it?
