First WRC Decision On Statutory Sick Pay

Introduction

Employers and employment practitioners have eagerly awaited a first decision under the new Sick Leave Act 2022 which has been in force since January 2023. The decision in the recent case of Katerina Leszczynska v Musgrave Operating Partners has become that long awaited case. Under the new Act all employers in Ireland became obliged to make mandatory sick payments to their staff. Employees are currently entitled to 3 sick days per year rising to 5 days in 2024, 7 days in 2025 and 10 days in 2026. Employees need to have 13 weeks service with their employer and provide a medical certificate from a GP vouching for their inability to attend work. Once those criteria are met, the employee would be entitled to 70% of their typical wage up to a €110 maximum per day.