Getting sick is stressful enough without getting worried about your income. That’s why Statutory Sick Pay in Ireland exists, to give workers a guaranteed minimum level of income when they’re unable to work due to illness.
This updated 2025 guide explains how statutory sick pay works, who qualifies, how your sick pay is calculated, and what to do if an issue arises.
What Is Statutory Sick Pay (SSP) in Ireland?
Statutory Sick Pay is the legal minimum sick pay employers must provide to eligible employees.
Employees are entitled to 70% of their regular daily earnings, capped at €110 per day.
It was introduced under the Sick Leave Act 2022 and has been in effect since 1 January 2023.
SSP applies to most employees in Ireland and is designed to ensure basic income protection during short-term illness.
How Many Days of Statutory Sick Pay Do You Get?
According to the Citizensinformation.ie, “Since 1 January 2024, you have a right to 5 days’ sick pay a year (increased from 3 days in 2023). This is called statutory sick pay (that means the legal minimum).”
You can use your sick leave as consecutive days or non-consecutive days. The system works on a calendar year basis, running from 1 January to 31 December.
If you’re sick and off work for less than 5 days, you can use the remaining unused days for other sick periods within the same year, up to a total annual limit of 5 days.
If you have not used all your statutory sick days, you cannot carry forward unused sick days to the following year.
Who Qualifies for Statutory Sick Pay in Ireland?
To be eligible for statutory sick pay, you must meet the following criteria:
- You are an employee (not self-employed). Full-time, part-time, agency and probationary employees are all covered
- You have worked for 13 continuous weeks for your current employer, before your illness begins
- You must be certified by a medical practitioner that you’re unable to work
- You have not already used up your statutory sick days for the year
You can also get sick pay if you’re undergoing training, an apprentice, or over the State Pension age.
If you have more than one job, you can get 5 days of paid sick leave from each employer, if you have 13 consecutive weeks of service with that employer before falling sick.
Do You Need a Sick Cert to Get Sick Pay?
Yes, under the sick leave legislation, you must have a medical certificate from a registered doctor, stating that you’re unfit for work, to qualify for statutory sick pay in Ireland.
You should be certified from day 1 of your sick leave. You’re entitled to sick pay from the very first day you’re off sick. Employers cannot apply “waiting days” before you get sick pay.
(At Sicknote.com you can get a sick note online from an IMC registered doctor, issued the same day after a medical consultation and doctor’s approval. Valid in Ireland and other EU countries.)
How is Statutory Sick Pay Calculated?
Your statutory sick pay must be paid at your normal daily rate of pay. You’re entitled to 70% of your normal pay, capped at €110 per day.
For tax purposes, statutory sick pay is treated the same as ordinary income.
What Counts as Normal Daily Pay?
Your normal daily pay includes any fixed bonuses or allowances which don’t change each week, but it doesn’t include overtime or commission.
If your pay changes from week to week (e.g. because of regular bonuses or allowances), your statutory sick pay is based on the average of your pay over the previous 13 weeks.
If Your Employer Already Has a Sick Pay Scheme
Your employer may have its own sick pay scheme that offers better benefits than the statutory minimum.
If that applies to you, your sick leave will be managed under your employer’s scheme.
For an employer’s scheme to replace SSP, it must be more favourable overall than the statutory sick pay scheme. In that case, you cannot receive SSP in addition to a company sick pay scheme.
Employer schemes must be clearly outlined in your contract or staff handbook to avoid confusion.
How Statutory Sick Pay Interacts with Illness Benefit?
If you are sick for longer than your statutory sick leave entitlement, you may be able to apply for Illness Benefit from the Department of Social Protection (subject to PRSI rules).
Example:
You are off sick for 10 days.
- Days 1–5: Paid by employer under statutory sick pay
- Day 6 onwards: You may apply for Illness Benefit (if eligible)
These are two different systems, one is paid by your employer, one by social welfare.
Always submit your Illness Benefit claim promptly to avoid delays in payment.
Learn more about long-term sick leave rights in Ireland.
Employer Exemption From Paying Sick Pay
According to the Citizensinformation.ie, “An employer who is experiencing severe financial difficulties can apply to the Labour Court for an exemption to pay statutory sick pay.
If an exemption is granted, it will be for a period of between 3 to 12 months.”
However, exemptions are generally rare and require strong evidence of financial hardship.
What to Do If Your Employer Refuses to Pay Statutory Sick Pay?
If your employer does not pay you SSP, here’s what you can do:
- Raise the issue with your manager or HR and try to resolve it informally first
- Provide updated medical certification
- Keep a written record of communication
- If the issue remains unresolved, contact the Workplace Relations Commission. You can file a formal complaint through the WRC e-complaint portal.
Understanding your rights ensures you’re protected when illness prevents you from working.
Quick Summary
Current entitlement: 5 days per year
Rate: 70% of your normal daily pay (capped at €110/day)
Service requirement: 13 weeks with current employer
Medical cert: Required from a registered medical practitioner
Applies to: Full-time, part-time, agency workers (if they meet criteria)
Law: Sick Leave Act 2022
Last Updated: November 2025
