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Sick Pay Letter Template for Ireland

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What is a Sick Pay Letter?

The Sick Pay Letter serves as an essential communication tool between employers and employees in Ireland, particularly following the implementation of the Sick Leave Act 2022, which introduced statutory sick pay requirements for the first time in Irish law. This document is typically issued at the commencement of employment, upon significant changes to sick pay policies, or when updating existing terms to reflect new legislative requirements. The letter provides comprehensive information about sick pay entitlements, including statutory minimums, any additional company benefits, notification procedures, and medical certification requirements. It helps ensure compliance with Irish employment law while establishing clear expectations and procedures for both parties.

Frequently Asked Questions

Is a sick pay letter legally binding under Irish employment law?

Yes, a sick pay letter becomes legally binding once issued by an employer in Ireland as it establishes the formal terms of statutory sick pay under the Sick Leave Act 2022. The letter creates enforceable obligations for both employer and employee regarding notification procedures, payment rates, and medical certification requirements. Failure to comply with the terms outlined can result in legal consequences for either party.

Can my employer refuse sick pay if they haven't provided a sick pay letter?

No, employers cannot refuse statutory sick pay simply because they haven't issued a formal sick pay letter, as the entitlement exists under the Sick Leave Act 2022 regardless. However, the absence of a proper letter can create confusion about procedures and may complicate claims. Employers are legally required to inform employees of their sick pay entitlements, so missing documentation could indicate non-compliance with their statutory obligations.

How many days of sick pay am I entitled to under Irish law in 2024?

Under the Sick Leave Act 2022, Irish employees are entitled to 5 days of statutory sick pay in 2024, paid at 70% of their normal daily wage up to a maximum of €110 per day. This entitlement is increasing annually, reaching 7 days in 2025 and the full 10 days by 2026. Employees must have worked for their employer for at least 13 weeks to qualify for statutory sick pay.

How is a sick pay letter different from a sick leave policy in Ireland?

A sick pay letter is a formal notification document sent to individual employees outlining their specific sick pay entitlements and procedures, while a sick leave policy is a broader company document covering all aspects of sickness absence management. The letter focuses specifically on payment obligations under the Sick Leave Act 2022, whereas the policy may include additional company benefits, return-to-work procedures, and disciplinary measures. Both documents should complement each other in ensuring legal compliance.

How quickly can I prepare a compliant sick pay letter for my Irish employees?

A compliant sick pay letter can typically be prepared within 1-2 hours using established templates, as the statutory requirements under the Sick Leave Act 2022 are standardized. The main time factor involves customizing the template with your company details and ensuring alignment with any existing employment contracts. Most employers can implement these letters immediately, though it's advisable to review them with HR or legal counsel before widespread distribution.

What mistakes do Irish employers commonly make with sick pay letters?

Common mistakes include failing to specify the correct 70% payment rate or €110 daily maximum, not clearly explaining the 13-week qualifying period, and omitting medical certification requirements for absences over 2 consecutive days. Many employers also forget to update their letters annually as the statutory sick pay entitlement increases, or fail to distinguish between statutory sick pay and any additional company sick pay schemes.

Must Irish employers provide medical certificate requirements in sick pay letters?

Yes, sick pay letters must clearly outline medical certification requirements as these are fundamental to the statutory sick pay scheme under Irish law. Employees need to know they must provide medical certificates for absences exceeding 2 consecutive working days, and that self-certification is acceptable for shorter periods. The letter should specify acceptable forms of medical evidence and submission deadlines to ensure compliance with both the Sick Leave Act 2022 and workplace health and safety obligations.

Reviewed by

Legal Engineer, GenieAI

A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Legal Engineer, GenieAI

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Ireland

Reviewed by

&

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Sick Pay Letter

A Sick Pay Letter is a crucial employment document that outlines your entitlements and obligations regarding sick leave under Irish law. Following the introduction of the Sick Leave Act 2022, employers must provide clear information about statutory sick pay, notification procedures, and medical certification requirements to ensure compliance with new legislative standards.

When do you need this document?

You need a Sick Pay Letter when starting employment with an Irish company, as employers are required to inform new employees of their sick pay entitlements. It's also necessary when employment terms change, particularly following updates to sick leave policies or legislative amendments. Many employers issue these letters annually to ensure all staff understand current procedures, especially given the phased implementation of statutory sick pay increases through 2026. If you're an employer updating existing policies to comply with the Sick Leave Act 2022, this document becomes essential for legal compliance and clear communication with your workforce.

Key legal considerations

The letter must clearly outline statutory sick pay rates and entitlements, which began at three days in 2022 and will increase to ten days by 2026 under the Sick Leave Act 2022. You must specify notification requirements, including timeframes for reporting illness and approved communication methods. Medical certification requirements are crucial, particularly the timing for when employees must provide medical certificates and acceptable forms of medical evidence. The document should address data protection obligations under the Data Protection Act 2018, especially regarding the handling of sensitive health information. Employment equality considerations must be included to ensure non-discriminatory application of sick leave policies, particularly for employees with disabilities or long-term health conditions under the Employment Equality Acts.

Legal requirements in Ireland

Under Irish law, employers must comply with specific statutory obligations when implementing sick pay policies. The Sick Leave Act 2022 mandates minimum sick pay rates and entitlements, requiring employers to pay 70% of an employee's normal weekly earnings up to a maximum of €110 per day. The Safety, Health and Welfare at Work Act 2005 governs medical certification requirements, specifying when and how medical certificates must be obtained and verified. Record-keeping obligations under the Organisation of Working Time Act 1997 require employers to maintain accurate records of sick leave taken and payments made. The Terms of Employment (Information) Acts mandate that employees receive written particulars of their sick pay entitlements, making this letter a legal requirement rather than just good practice. Data protection compliance is essential when handling medical information, requiring appropriate safeguards and employee consent where necessary.

GOVERNING LAW

Applicable law

This Sick Pay Letter is drafted to comply with Ireland law. Key legislation includes:







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