Toolkit | Sick Leave | FAQ

Subject to approval of the Head of School/Unit a full-time staff member may not exceed seven days uncertified sick leave in any 24 month rolling period.  The count back is calculated from the latest absence working backwards over the 24 month period.  Any further sick leave must be certified or deducted from the staff member's annual leave entitlement (for the current or succeeding year), or salary may be deducted.

Payment will only take place where there is no evidence of abuse of the regulations including frequent uncertified sick leave and/or where the maximum of seven days allowable is regularly approached and is used as a means for supplementary annual leave.

For eligible staff, absences of three or more consecutive days must be certified by a medical practitioner.  Provided there is no evidence of permanent disability for service, eligible staff may, at the discretion of and subject to University approval:

•  receive full pay less Social Welfare Illness Benefit for certified sick leave up to a maximum of three months (92 days) and
•  half pay thereafter for a further three months (91 days), subject to a maximum of six months (183 days) paid sick leave in a rolling four-year period.

The first 12 month period commences on the first day of certified or uncertified absence.  Subsequent 12 month periods are consecutive until the end of four years.  Sick leave periods are calculated retrospectively and include weekends, closures and days the staff member is not scheduled to work that occur within the period of absence.

Where sick leave is not continuous, six months is calculated as 183 days which will include Saturdays, Sundays, public holidays that fall within each period of sick leave.  Uncertified sick leave days are also counted in arriving at an aggregate of sick leave taken.

A staff member who becomes incapacitated as a result of a critical illness or serious physical injury may, in exceptional circumstances be granted extended paid sick leave of:

• A maximum of six months (183 days) on full pay in a year
• Followed by a maximum of six months (182 days) on half pay, subject to a maximum of 12 months (365 days) paid sick leave in a four year rolling period.

The decision to grant critical illness sick leave to a staff member will be made following consultation with the medical practitioners appointed by the University.  In determining whether critical illness sick pay is to be granted the medical condition will have at least one of the following characteristics:

1. Acute life threatening physical illness
2. Chronic progressive illness, with well established potential to reduce life expectancy
3. Major physical trauma ordinarily requiring corrective acute operative surgical treatment
4. In-patient hospital care of 10 consecutive days or greater.  In the case of pregnancy-related illness, this is reduced to 2 or more consecutive days of in-patient hospital/clinic care.

Critical illness paid sick leave is not granted for cases relating to occupational injury/illness.

Where the relevant period of paid sick leave has been exhausted, an employee with a minimum of 5 years’ service (in a pensionable position) may be granted Temporary Rehabilitation Remuneration (TRR) at the end of the paid sick leave period. 

Staff who are members of the Single Pension Scheme may be eligible after a period of 2 years. Absence in excess of twelve months in a four-year period will be unpaid unless a staff member qualifies for payment of TRR. Should be amended to: Employees who satisfy the eligibility criteria will receive a flat rate of 37.5% of their remuneration. For those employees who qualify for Illness Benefit, the flate rate will be inclusive of Illness Benefit. Normal procedures regrding appliction to the Department of Social Protection still apply. Transitionary Measure. As a transitionary measure, anyone whose rate of TRR would otherwise be higher than 37.5% will continue to receive the higher rate for a period of 5 years from the date of implementation. 

This arrangement will conclude on 3rd September, 2028. Further details on the scheme can be found on: https://www.gov.ie/en/press-release/dcb04-minister-donohoe-welcomes-the-publication-of-amendments-to-the-public-service-sick-leave-scheme/

Absence in excess of 12 months in a four-year period will be unpaid unless a staff member qualifies for a payment of TRR.  A staff member who, having exhausted the maximum period of paid sick leave and does not qualify for TRR, is still medically unfit for work must notify the University (through their line manager or HR) of their intention to avail of a period of unpaid sick leave.  This period of sick leave shall not normally exceed the TRR limits outlined in the previous TRR question.  The granting of a period of unpaid sick leave is subject to continued submission on a regular basis of acceptable medical certification to the University.

AA medical certificate is required from the third day of absence and must be submitted to the Line Manager/Head of Department or Human Resources Department as soon as possible.

To be acceptable, a medical certificate must:

• State the name and address of the employee
• The doctor’s name and address must be clearly legible on the certificate
• The certificate must be signed and dated by a qualified medical practitioner registered with the Irish/UK Medical Council/Dental Council of Ireland. In exceptional circumstances, medical certificates may be accepted from overseas medical practitioners, such as where an employee becomes ill abroad or is receiving a recognised medical treatment unavailable in Ireland.
• The likely duration of the illness must be stated
• The certificate must normally be for a week’s duration or less. In the case of longer term illness, certificates may (with prior agreement) be submitted monthly.
• Employees are expected to cooperate with interventions to assist them return to work e.g. Employee Assistance Programme, Occupational Health Service etc.
• Before returning to work following a period of absence due to certified sick leave, a medical certificate confirming fitness to resume duties must be provided. Should a staff member return to work prior to the date specified on the most recent medical certificate, s/he must provide a further medical certificate confirming fitness to return to work. In the absence of such a certificate, the full period as recorded on the medical certificate(s) will be counted as sick leave.

Staff who pay Class A rate of PRSI may be entitled to Social Welfare Benefit for absence due to illness in excess of 5 days. Since 1st January, 2024, Illness Benefit is paid from day 6 of the claim if you have not used any of your entitlement prior to this instance of illness. If you have used some of your entitlement prior to this instance of illness, you may receive payment from an earlier date.The University will automatically deduct Social Welfare Illness/Injury Benefit from the Staff member’s salary. It is, therefore, important that a Social Welfare Illness claim is made directly to the Department of Social and Family Affairs as soon as possible. 

How to Claim Social Welfare Illness/Injury Benefit

• Ask your doctor for a IB1 form. If you are or have been an in-patient in hospital, you should ask a hospital doctor to give you a pro forma letter which you can bring to your GP who will issue the claim form (IB1) and medical certificate.
• Once completed, your form can be returned by hand to your local Social Welfare Office or by post to Social Welfare Services, PO Box 1650, Dublin 1.
• Illness Benefit is paid directly to the employee by Social Welfare. Therefore, deductions will automatically be made from your salary by the payroll office.

Please note that the option for illness payment paid to the employer should NOT be selected on your form. In all circumstances staff should select for payment to be made directly to themselves.

Full details on how taxation is applied is available from the Finance Office or the Human Resources Department.

Sick leave occurring during a period of annual leave, if notified immediately, will have the effect of cancelling authorised annual leave. Annual leave will not then be resumed until the staff member returns to work or provides evidence of fitness to return to work. A medical certificate is required where an employee wishes to commence annual leave immediately following an absence, or for any absences immediately following annual leave.

Uncertified sickness occurring during annual leave does not cancel authorised annual leave.

In line with the Working Time Act 1997, an employee’s entitlement to a full year’s annual leave will be dependent upon them being in attendance at work for more than the statutory 1365 hours in a year.

The approval of the HR Department must be sought prior to an employee travelling abroad while on sick leave. The HR Department will seek advice from the University’s Occupational Health Provider before deciding on the matter.

If a staff member is unfit for work due to a pregnancy related illness and has exhausted sick leave at half pay she will continue to receive sick leave at half pay for the duration of the pregnancy related illness, prior to going on maternity leave. If a staff member is unfit for work following maternity leave, her access to sick leave at half pay will be extended by the period of absence on sick leave on half pay

The sick pay entitlement for eligible part time staff will be the same as that for staff employed on a full time basis but calculated on a pro rata basis.

For staff working irregular hours, the gross weekly sick pay will be determined by the hours worked during the 4 months directly preceding the absence.

Example: If you work a total of 100 hours from March to June, your average weekly hours will be calculated as follows:

• 100 hours divided by 4 months = 25 hours for one month
• 25 hours x 12 months divided by 52.2 to get your weekly amount of 5.75 hours
• 5.75 hours x €8.65 (example of rate of pay) = €49.65

Covid-19 - Special leave with pay

Special Leave with Pay is currently used in lieu of sick leave for Covid-19 to assist in the prevention of the possible onward spread of Covid-19 in the work premises.  

Circular 2/1976, which covers special leave with pay should only apply in lieu of sick leave for COVID-19 when an employee has had a positive test for COVID-19.

Special leave with pay may be available for up to 5 calendar days (weekends included).  Special leave with pay cannot be substituted for other forms of leave, for example, annual leave.

In order to avail of special leave with pay you must complete the declaration form which is available from sickleave@dcu.ie