
Bláthnaid Evans
Head of Employment and Corporate Immigration
Legal

Bláthnaid Evans
Head of Employment and Corporate Immigration
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Ogier provides practical advice on a unique combination of six laws: BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg. Our global network covers Asian, European and US time zones.
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Private Wealth
Property law
Regulatory
Restructuring and Corporate Recovery
Tax
Banking and Finance overview
Asset Finance
CAYLUX Fund Finance
Debt Capital Markets
Derivatives
Fund Finance
Islamic Finance
Leveraged Finance
Listing services
Real Estate Finance
Restructuring and Corporate Recovery
Structured Finance
Sustainable Finance
Regulatory
Corporate overview
Economic Substance
Equity Capital Markets
Listing services
Mergers and Acquisitions
Private Equity
Real Estate Structuring, Acquisitions and Disposals
Regulatory
Technology and Web3
Dispute Resolution overview
Banking Disputes
Corporate and Financial Services Disputes
Crypto Disputes
Enforcement of Judgments and Awards
Fraud and Asset Tracing
Funds Disputes
Insurance Disputes
International Arbitration
Regulatory
Restructuring and Corporate Recovery
Section 238 Shareholder Appraisal Rights
Shareholder and Valuation Disputes
Trusts Disputes and Applications
Investment Funds overview
Hedge Funds
Managers and Sponsors
Private Equity
Real Estate, Infrastructure and Energy Funds
Regulatory
Sustainable Investing and Impact Funds
Technology and Web3
Local Legal Services overview
Cayman Local Legal Services
Channel Islands Local Legal Services
Ireland Local Legal Services
Employment law
Estate Planning, Wills and Probate
Expat services
Family Office
Intellectual Property
Make your Guernsey will online
Make your Jersey lasting power of attorney online
Make your Jersey will online
Notary public services
Relocating your business
Relocating your family
Property law
Providing exceptional and efficient service, our Corporate, Funds, Private Wealth and Capital Markets teams offer clients integrated legal and corporate administration services with a strong reputation in governance and regulatory compliance.
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Debt Capital Markets - Ogier Global
Fund Services - Ogier Global
Governance Services - Ogier Global
Investor Services - Ogier Global
Ogier Connect - Ogier Global
Private Wealth Services - Ogier Global
Real Estate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Our experts provide independent guidance spanning advice and training to implementation and evaluation across sustainable investing, regulatory compliance and tech. Our tailored advice meets clients' specific needs, delivering flexible solutions and support.
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
News
25 November 2022
Ireland
ON THIS PAGE
The Sick Leave Act, 2022 (the “Act”) was signed into law on 20 July 2022 providing for the first ever statutory sick pay scheme (the “Scheme”) in Ireland. Up until now, Ireland was one of the few countries in the EU that did not place a statutory obligation on employers to pay sick leave.
Last month, it was announced that the scheme would officially commence on 1 January 2023. During a Dáil Éireann debate on Employment Rights Tánaiste and Minister for Enterprise, Trade and Employment Leo Varadkar said,
"Following detailed consideration of the issues surrounding the implementation of the statutory sick leave scheme, the Sick Leave Act will commence on 1st January 2023.
The Act is intended to provide a level of protection to employees who do not currently have employer-paid sick pay schemes, many of whom are low-paid and cannot afford to miss work. As a starting point, this scheme will cover the three waiting days before eligibility for Illness Benefit from the State. This is a progressive Act and will ensure, once commenced, that all employees are better off and will have financial protection from day one of a medically certified absence.
Employees whose employers did not pay them for the first 3 days of illness (to bridge the three-day gap before employees on sick leave were eligible to apply for Illness Benefit from the State) were not entitled to any statutory sick leave payment. The Act has been enacted to give a general right to statutory sick pay in Ireland, the introduction of which will be a major change for Irish employers. The Act will help resolve this gap and provides that sick pay will be paid by employers and implemented on a phased basis."
Employers should familiarise themselves with the following key provisions:
Phased implementation: The Scheme is being phased in to help employers to manage the additional cost, which has been capped. Initially employees will be entitled to a statutory payment from their employer for first three days of illness. However, the Scheme is being implemented on a phased basis with entitlements increasing over the following four-year period to:
Once entitlement to sick pay from their employer ends, employees who need to take more time off may qualify for Illness Benefit from the Department of Social Protection, subject to PRSI contributions.
Rate of sick pay: Sick pay will be paid by employers at a rate of 70% of an employee’s wage, subject to a daily maximum threshold of €110 which equates to an annual salary of €40,889.16.
Eligibility: To be eligible for statutory sick leave, an employee must have continuous employment with the same employer for at least 13 weeks. The employee will also have to be certified by a GP as unfit to work. Where an employee is on statutory sick leave the employee will be treated as if the employee has not been absent from work.
Interaction of the Scheme with the employment contract: The Act does not prevent more favourable sick leave provisions being made in the employment contract. Any less favourable treatment in an employment contract will be overridden by the Act.
Exemptions: The Act provides exemptions can be granted where the employer is experiencing severe financial difficulty.
Record- keeping: The employer must keep records for four years of the statutory sick leave taken by each employee. Failure by an employer to keep such records, without reasonable cause is an offence and liable on summary conviction to a maximum fine of €2,500.
Complaint procedure: Any complaints under the Act can be made to the Workplace Relations Commission (WRC).
The Act will apply to all employers both in the private and public sector. If an employer fails to implement the Scheme employees can bring a claim to the Workplace Relations Commission. In these circumstances employers should:
Read The Sick Leave Act 2022 for more information.
Please contact Mary Gavin and/or Amy McNicholas of our Employment & Corporate Immigration team on 01 639 3000, or email ireland@ogier.com, should you require any employment law advice.
Bláthnaid Evans
Head of Employment and Corporate Immigration
Legal
Bláthnaid Evans
Head of Employment and Corporate Immigration
Contact Bláthnaid
Back
Mary Gavin
Managing Associate
Legal
Mary Gavin
Managing Associate
Contact Mary
Back
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm