Hi All,

If you are following employment law developments in Ireland, you may have noticed that new legislation giving workers access to statutory sick pay came into effect this month.

This gives workers 70% of their pay for up to 3 days this year and eventually rising to up to 10 days in 2026 per calendar year.

I am now trying to marry this up with our existing absence policy and possible formal action for excessive absence. Our policy is based on Bradford score.

The guidance on this new SSP states that employees cannot be put in detriment for availing of this statutory right and claiming sick pay (such detriment may include dismissal).

But because claiming SSP is a direct result of being absent from work, how does that affect taking action against an employee whose absence is outside the required standard (if they claimed SSP for this absence)?

Any suggestions would be much appreciated.