Sick pay for café staff in Ireland in 2026: 5 days a year

The Department of Social Protection's page on statutory sick leave in 2026 says the number of days is 5 a calendar year. Citizens Information (page last edited February 2025) says the employer pays 70% of normal pay, and the Department of Enterprise (April 2025) 70% of gross earnings, up to €110 a day in both; none of the sources I read gives a different rate for 2026. An employee must have worked for the employer for at least 13 continuous weeks before they are sick, and must be certified by a medical practitioner as unable to work. After the 5 days, the Department says Illness Benefit may apply, starting from day 6 if it is the first illness of the year. The entitlement did not go up to 7 days: the Department of Enterprise said in April 2025 that it would stay at 5, and the Department of Social Protection's 2026 page still gives 5.

How many sick days do employees get in Ireland in 2026?

Five paid sick days in a calendar year, according to the Department of Social Protection. Its page, "Illness Benefit, Injury Benefit and Statutory Sick Leave in 2026", last updated on 14 January 2026, says: "Since 1 January 2024 the number of Statutory Sick Leave days is 5."

The same page says the scheme covers "all employees who have been with their current employer for at least 13 weeks". Citizens Information says the sick pay year is the calendar year, 1 January to 31 December, and that days can be taken as consecutive or non-consecutive days. It also says unused days cannot be carried forward to the next year. If a first illness is shorter than 5 days, the Department says the remaining days apply to later illnesses in the same year, up to 5 in total.

Did statutory sick leave go up to 7 days?

No. The Department of Enterprise, Tourism and Employment said on 8 April 2025: "The entitlement will remain unchanged at 5 days per calendar year."

Its release says the entitlement was 3 days in 2023 and moved to 5 days from 1 January 2024. It also says that research by the Irish Government Economic Evaluation Service and the Department found that "firms in the retail, accommodation and food services sectors were likely to be more impacted should the statutory sick leave entitlement increase from 5 days to 7 days." The Department of Social Protection's page on 2026 still says 5 days. I am not predicting anything about later years.

Who qualifies for statutory sick pay in Ireland?

An employee who has worked for their employer for at least 13 continuous weeks and is certified by a medical practitioner as unable to work. Citizens Information lists three conditions: be an employee; have worked for your employer for at least 13 continuous weeks before you are sick; be certified by a medical practitioner as unable to work.

Citizens Information adds that you should be certified from day 1 of your sick leave, and that your employer cannot apply waiting days before Statutory Sick Pay starts. It says people on probation, interns, apprentices and agency workers can get sick pay. If someone leaves and returns to the same employer within 26 weeks, it says the gap does not count against the 13 weeks. If someone is sick inside their first 13 weeks, it says they are not entitled to Statutory Sick Pay but may still be entitled to Illness Benefit.

Part-time staff count too. Citizens Information asks "Can part-time workers get 5 days?" and answers: "Yes, both full-time and part-time employees can take 5 days paid sick leave." If someone works for more than one employer, it says they can get 5 days from each employer once they have 13 weeks of service with that employer.

How much does the employer pay?

70% of the employee's normal pay, up to a maximum of €110 a day, according to Citizens Information. The Department of Enterprise's release gives the same figures: up to 5 days in a calendar year, "paid at 70% of gross earnings, up to a daily cap of €110".

Citizens Information says normal daily pay includes any regular bonus or allowance that does not change from week to week, and excludes overtime and commission. If pay changes from week to week, it says sick pay is the average of pay over the 13 weeks before the sick leave. For part-time staff it says normal daily pay is based on the work pattern: for someone with a set number of hours at a fixed rate, the payment is €110 or 70% of normal daily pay, whichever is lower. For other patterns it sets out different rules, so check its page for a rota that varies.

Wages are a separate question. Our article on the minimum wage for café staff in 2026 covers the hourly rates.

What happens after the 5 days of sick leave?

Illness Benefit from the Department of Social Protection may apply. The Department says: "Once your Statutory Sick Leave days have been exhausted you may be eligible for Illness Benefit or Injury Benefit from the Department of Social Protection."

When it starts depends on the year so far. The Department says that if your first illness in 2026 goes past the 5 days, the payment starts from day 6. If you have already used all 5 days and are sick again in the year, it starts on day 4, "which is after the normal 3 waiting days". Citizens Information adds that you need enough PRSI contributions.

One of the Department's own examples: an employee has been with the employer for longer than 13 weeks, has used 3 days of statutory sick leave in an earlier illness, and is sick again. The Department says: "You will get Statutory Sick pay for 2 days, have 1 waiting day" and then Illness Benefit or Injury Benefit "from day 4". The Minister, quoted in the Department of Enterprise's release, put the idea plainly: five days' sick leave "gives workers income protection for five days, after which Illness Benefit is there to support them."

Can a café offer a better sick pay scheme instead?

Yes. The Department of Social Protection says: "Under the Sick Leave Act 2022 employers can run a sick leave scheme which is better for employees than Statutory Sick Leave." It says duration and rate of payment are among the factors in deciding whether a scheme is better, and that such employer schemes "are not paid in addition to Statutory Sick Leave".

Citizens Information says the employer's scheme must be more favourable, viewed as a whole, than the statutory scheme if it is to apply.

Sources

• Department of Social Protection, Illness Benefit, Injury Benefit and Statutory Sick Leave in 2026, last updated 14 January 2026, read 12 October 2026.
• Citizens Information, Sick leave and sick pay, page edited 14 February 2025, read 12 October 2026.
• Department of Enterprise, Tourism and Employment, Entitlement to statutory sick leave to remain unchanged at 5 days, 8 April 2025, read 12 October 2026.

This is a summary of public guidance read 12 October 2026, not legal advice. Check with the Workplace Relations Commission or your adviser. Cupán Studio builds websites for cafés in Ireland.