Ciara working in investment banking asks "Am I entitled to full pay during sick leave?"

Advice-Centre-Logo

If you have a question or are unsure of your rights, if you need support or representation, freephone ROI 1800 81 91 91 NI 0800 358 0071 or email us at advice@fsunion.org - If you are unable to call us, please complete the confidential form HERE and we will respond directly.

 

In ROI

Hi Ciara, read through your contract of employment and your employee handbook for your workplace sick leave policy. You have a right to 5 days’ sick pay a year. This is called statutory sick pay (that means the legal minimum). Sick pay is paid by your employer at 70% of your normal pay up to a maximum of €110 a day. Your employer can have a more generous sick pay scheme, but they can't give you less than the statutory amount.

  • You may qualify for Illness Benefit if you have enough PRSI contributions.
  • If you do not qualify for Illness Benefit, contact the Department of Employment Affairs and Social Protection at your local health centre.
  • If you are sick during your annual leave / holidays, you can claim those days back if you have a medical certificate.
  • You will still accumulate statutory annual leave entitlements while you are on certified sick leave.

 

In NI

Hi Ciara, whether you’re entitled to full pay during sick leave depends on your contract of employment.

There is no automatic right to full pay when off sick in Northern Ireland. What you’re entitled to breaks down as follows:

If your contract includes occupational sick pay (company sick pay), then you may get full pay for a set period. This is entirely up to your employer, so check your contract or staff handbook to see what’s stated.

If your employer doesn’t offer occupational sick pay, or if it’s run out, you may still be entitled to Statutory Sick Pay (SSP), which is the legal minimum. SSP is currently £116.75 per week (as of April 2024), and it’s paid for up to 28 weeks, provided you meet the eligibility criteria (e.g. you earn at least £123 per week and have been off sick for more than 3 consecutive days).

Important points:

SSP is not full pay, it’s a flat rate and may be much lower than your normal wages.

Some employers top up SSP to full pay, but they don’t have to unless your contract says so.

You must follow your workplace’s sickness reporting procedures to qualify for sick pay, both SSP and any occupational scheme.

If you’re not sure what you’re entitled to, speak to your employer or union rep. And if your employer tries to dodge paying what you’re due under your contract, you may have a case for a grievance or legal claim.