In order to be eligible for statutory sick leave, an employee must have completed thirteen weeks continuous service and have provided a medical certificate signed by a registered medical practitioner.

The 2022 Act includes reporting obligations and requires employers to keep records of all employees availing of statutory sick pay for four years. If an employer fails to keep such records they will be guilty of an offence and liable to a class C fine.

The 2022 Act applies to all employers in both the public and private sector and regardless of the size of the organisation. Where an employer fails to introduce the statutory sick pay scheme, a complaint can be brought to the Workplace Relations Commission. It is important that employers update their employment policies to set out an employee’s right to statutory sick pay and ensure management and HR personnel are adequately trained on these changes. Employers should ensure that their policies clearly state the statutory sick leave entitlements of employees and the rate of pay available to them. Employers should also ensure they have a record keeping system in place to record employees on paid sick leave.

As of 1 July 2022, persons deemed to be ‘relevant parents’ are now entitled to seven weeks parent’s leave, as opposed to five weeks parent’s leave.

Parent’s leave is unpaid leave but each parent of a child is entitled to apply to the State for a benefit and eligibility is based on PRSI contributions. If eligible, the State benefit is €250 per week. Parent’s leave is specifically required to be taken during the first two years of a child’s life. Parent’s leave can be taken in a continuous block of seven weeks or split up into separate periods of not less than one week at a time. 

Parent’s leave is different to parental leave as it is shorter and those who avail of it are eligible for a State benefit. Parental leave is an entitlement to unpaid leave for 26 weeks which can be taken for each eligible child up to their 12th birthday (or 16th birthday if the child has a disability or long term illness). There is no state benefit available to those who avail of parental leave. 

Parent’s leave is available to relevant parents who have a child under the age of 2 in July 2022 or who have adopted a child within the last 2 years.  

If an employee’s child is under 2 on 1 July 2022 and the employee has already taken 5 weeks leave, they can apply to take the additional 2 weeks. Employees are required to give at least 6 weeks’ notice of their intention to take parent’s leave.

A ‘relevant parent’ includes a parent of the child, a spouse, civil partner or cohabitant of the parent of the child, the adopting parent or parents of the child, the spouse, civil partner or cohabitant of the adopting parent of the child or a parent of a donor-conceived child.

Employers should review their handbooks to ensure that all policies dealing with leave entitlements are up to date. In particular, they should ensure their parent’s leave policy clearly states the new leave entitlements. Failure to comply with the 2022 Order may leave employer’s open to a complaint to the Workplace Relations Commission. Employers should also be aware that the Government has expressed its intention to further extend parent’s leave entitlements to nine weeks from August 2024.