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Blog  »  November 2021  »  Look What's Coming: Statutory Sick Pay for 2022 - Blog
26
Nov 21

Posted by
Jennifer Patton

Look What's Coming: Statutory Sick Pay for 2022

With 2021 drawing to a close businesses must now look forward as to what is to come in 2022 and one change that is likely yo come in 2022 which will affect all employers is the introduction of  a compulsory sick pay scheme.

Unlike many European jurisdictions, Ireland has never had a scheme like this. Currently an Irish employer is not, at the moment, obliged to pay employees while they are sick which is about to change due to the Sick Leave Bill 2021 which was published recently and provides for a comprehensive Statutory Sick Pay scheme (SSP).

The key points for employers to note in relation to this scheme are as follows:

1. While the number of eligible days per year will start at a low level, the Government intends that this will increase to two working weeks by the year 2025.

2. SSP will be capped and an employer will only be obliged to pay up to 70% of wages, subject to a cap of €110/day. 

3. The Government will not “top up” the employer’s contribution to 100%.

4. Employees will have to have at least 13 weeks of continuous service in order to be eligible.

5. Employees will be obliged to provide a medical certificate in respect of each day of Statutory Sick Leave.

6. If an employer maintains it cannot afford to discharge its SSP obligations, an exemption can be granted by the Labour Court.

7. If an employer already provides more favourable sick leave benefits to an employee, they will not be obliged to comply with the SSP rules.

So what should employers do now? It would be prudent for employers , especially smaller employers, to start financial planning now in order to ensure that they are ready for when the SSP is introduced. Employers should also review any existing sick pay schemes/ policies to check whether the new rules will affect/ change these.

Related Articles:

The Budget 2022: What You Need to Know

- The importance of having an Absence/Sick Leave Policy

Posted in Contract of employment, Employment Update, Sick Leave/Absence Management