Long-term sick leave can create difficulties for both employers and employees. When someone is out of work for an extended period due to illness, it affects the person’s health, income and wellbeing, but it can also place pressure on the employer to keep operations running smoothly. Recent changes in Irish employment law mean employees now have stronger protection, so it is important for employers to understand what the rules are and how to manage these situations fairly.
What Is Long-Term Sick Leave?
Long-term sick leave usually means an employee has been absent for a period of time more than four weeks due to illness or injury. There is no strict definition in Irish law, but this timeframe is widely used in standard HR practice and the Workplace Relations Commission (WRC), which often treats absences beyond four weeks as “long-term” for the purpose of managing capability, reasonable accommodation, and return-to-work processes.
Certified Sick Leave
For sick leave to be recognised and for entitlements to apply, employees must give their employer a valid medical certificate. Employers may set reasonable rules about how often certificates must be provided and how updates should be shared. Clear communication around certification helps avoid confusion later.
Short-Term vs Long-Term Absence
Many employers use different procedures depending on the length of the absence. Short-term absence policies usually deal with occasional or frequent short spells of illness. Long-term absence procedures generally include formal review meetings, contact schedules, requests for medical reports and involvement of occupational health. These differences matter because the employer’s responsibilities increase as the absence goes on.
Statutory Sick Pay and Other Entitlements
Statutory Sick Pay
Under the Sick Leave Act 2022, employees are entitled to the following:
• Five days of paid sick leave per year (as of 2025)
• Payment at 70% of normal daily earnings, capped at €110 per day
• At least 13 weeks of continuous service with the employer
• A medical certificate confirming they are unfit for work
Some employers offer more generous sick pay schemes or “top up” schemes in addition to any Statutory payments due. If a company’s scheme is as good as or better than the statutory minimum, the company scheme applies.
Illness Benefit
After statutory sick pay ends, employees may be eligible to claim Illness Benefit from the Department of Social Protection. This payment depends on PRSI contributions. There are no waiting days, and employers are not required to top it up.
Annual Leave and Public Holidays
Employees continue to build up annual leave and public holiday entitlements while on certified sick leave. This is set out in the Workplace Relations Act 2015. However, in Ireland, while employees on certified long-term sick leave continue to accrue statutory annual leave with no upper limit, this is on the provision they remain employed and medically certified unfit for work. The only restriction applies to carrying forward this leave, any statutory annual leave not taken because of illness must be used within 15 months after the end of the relevant leave year, otherwise it expires. Public holiday entitlement is treated differently, as employees retain statutory public holiday benefits only for the first 13 weeks of continuous sick leave, unless the employer’s own policy provides a more generous arrangement.
Employee Responsibilities
Employees also have duties during long-term absence. They should:
• Keep the employer updated within any agreed timelines
• Provide medical certificates
• Engage with occupational health if requested
• Cooperate with assessments and return-to-work planning
Clear expectations on both sides make the process smoother.
Medical Reports and Assessments
Employers may request medical information to understand the employee’s condition and ability to return. They can ask the employee’s GP or specialist for a report, but only with the employee’s consent, under the Medical Reports Act 1988. An employer may also refer the employee to an independent occupational health doctor. If the employee refuses consent, the employer may have to make decisions based on the information available, but they must still act fairly.
Managing Mental Health-Related Absence
Many long-term absences involve stress, depression, burnout or anxiety. Employers should handle these cases carefully, maintaining confidentiality and offering support where possible. Early intervention, access to Employee Assistance Programmes and open communication often help employees recover sooner. Employers should also consider psychosocial risks under health and safety law.
Returning to Work After Long-Term Sick Leave
A planned and supportive return-to-work process benefits everyone.
Medical Clearance
Employees should give a medical certificate confirming they are fit to return. Sometimes a GP may recommend limitations or changes to duties.
Occupational Health Assessment
Where needed, employers may ask for clear occupational health to advise on the employee’s capacity, restrictions and any supports or aids that could help their return to work.
Phased Return
A gradual return, such as reduced hours, light duties or temporary adjustments, can help the employee settle back in without overwhelming them.
Communication and Ongoing Support
Staying in touch during the absence helps the employee feel connected and also lets the employer plan ahead. Conversations should be supportive rather than pressurised.
Reasonable Accommodations
Under the Employment Equality Acts 1998–2015, employers must consider reasonable accommodations for workers with disabilities or long-term conditions. Examples include adjusted working hours, assistive equipment, modified duties, remote work or reorganising certain tasks. Employers are expected to make reasonable efforts but are not required to take on measures that are excessively costly or impractical.
Can an Employee Be Dismissed for Long-Term Illness?
Dismissal due to sickness is possible but should be a last resort. An employer may end employment for incapacity if the employee is not able to perform their role, but only after a fair and thorough process.
This should include:
• Advising the employee that their level of attendance is a concern
• Allowing reasonable time for recovery
• Considering medical evidence, including up-to-date reports
• Meeting with the employee to discuss the situation
• Exploring alternatives to dismissal, such as redeployment or accommodations
Long-term illness may count as a disability under equality law. In those cases, the employer must consider reasonable accommodations before any decision is made. Mishandling the process can lead to claims under the Unfair Dismissals Acts 1977–2015 or discrimination complaints.
When to Begin a Formal Capability Process?
A formal capability process often begins after several months of absence, or when medical reports show that the person may not be able to return in the foreseeable future. This process reviews the medical position, the employee’s likely return date and any alternatives within the business. Capability procedures must be fair, consultative and well documented.
Common Mistakes Employers Should Avoid
• Making decisions before getting up-to-date medical advice
• Putting pressure on an employee to resign or retire on health grounds
• Treating similar cases differently
• Ignoring potential disability protections
• Failing to document meetings, reports and correspondence
• Collecting or sharing more medical data than necessary
Data Protection and Medical Information
Medical information is highly sensitive and must be managed carefully. Employers should keep it secure, restrict access to those who genuinely need to know and only gather what is essential. Records must be stored in line with GDPR.
Best Practices for Employers
• Have a clear, written sick leave and absence policies
• Keep detailed and accurate records
• Communicate in a supportive and consistent way
• Use occupational health early for long-term cases
• Offer reasonable accommodations where required
• Get legal or HR advice when situations become complex
• Treat employees with empathy, fairness and respect
Conclusion
Long-term sick leave can be difficult for everyone involved. By understanding the law, keeping communication open and following fair procedures, employers and employees can manage extended absences in a way that protects wellbeing and reduces workplace risks. A thoughtful approach supports recovery, builds trust and helps maintain a positive working environment.
Need HR Advice or Support?
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