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Sick leave and sick pay in Ireland for mental health

In Ireland, the same sick leave rules apply to mental health and neurological conditions as to any other illness. As of 2 November 2026, statutory sick pay covers up to 5 days a year. It is paid by your employer at 70% of your normal pay, up to €110 a day. You need 13 weeks' continuous service and a medical certificate from day one.

If you are off for longer, you may qualify for Illness Benefit from the Department of Social Protection (DSP). It starts from day 6. The top personal rate in 2026 is €254 a week. Your employer may also have its own, more generous sick pay scheme.

This guide explains each layer: statutory sick pay, certificates, employer schemes, Illness Benefit, longer-term payments, and your rights when you go back to work. Rules and rates change with each Budget, so check the date on every figure.

Statutory sick pay: the basics

The Sick Leave Act 2022 gives employees a legal minimum of paid sick leave. The Act covers any day you would normally work but cannot "due to illness or injury". It does not treat mental and physical illness differently.

The government confirmed in April 2025 that the entitlement would stay at 5 days. Earlier plans to increase it were not carried through. Normal pay includes regular bonuses or allowances, but not overtime or commission.

You can use the days one at a time or together. If your first absence is shorter than 5 days, the rest stay available for later in the same year.

Medical certificates

Under the Act, you must give your employer a medical certificate for each statutory sick leave day. It must be signed by a registered medical practitioner and state that you are unable to work. It must be in English or Irish.

This can be your GP. You do not have to see a psychiatrist to be certified.

Your employer's own policy may have extra rules, such as when to phone in. Check your contract or staff handbook. Citizens Information says your employer must give you written terms, including sick pay, within one month of starting work.

GPs may charge for a private sick certificate. The DSP certificate for Illness Benefit is different: the DSP pays the doctor for that form, though you may still pay for the consultation.

Employer sick pay schemes

Your employer can offer a better scheme than the legal minimum. If it does, your sick leave is handled under that scheme instead. The scheme must be more favourable "when viewed as a whole". You do not get statutory sick pay on top.

Some sectors have their own arrangements. Construction workers in the Construction Workers Pension Scheme, for example, are covered by a separate sick pay trust.

Questions worth asking HR:

Illness Benefit

Illness Benefit is a weekly payment for people who are certified unfit for work and have enough PRSI contributions. Citizens Information advises applying whenever you are certified unfit, even if you get paid by your employer. If you do not qualify for the payment, you may still get PRSI credits.

When it starts. If you have statutory sick days left, Illness Benefit starts from day 6 of your illness. If you have already used your 5 days this year, it starts from day 4, after the usual 3 waiting days.

Who qualifies. You must be medically certified unfit and apply within 6 weeks. You also need enough PRSI contributions, including at least 104 weeks paid since you started work. Only contributions at classes A, E, H and P count.

How much. The rate depends on your average weekly earnings in the relevant tax year. For a claim starting in 2026, that is 2024.

Budget 2027 increases the maximum rate by €10 a week from January 2027. Illness Benefit is taxable, though increases for child dependants are not.

How long. Up to 2 years with at least 260 weeks of paid contributions, or 1 year with 104 to 259. Claims within 26 weeks of each other count as one claim.

How to apply. Apply online at MyWelfare.ie with a verified MyGovID, or on paper with form IB1. Your GP completes a "Certificate of incapacity for work", often online.

While on Illness Benefit, you cannot work. You may be asked to attend a medical assessment with a DSP doctor. If you do not attend, your payment can be suspended.

If you are off for a long time

Some conditions mean a long absence. Before your Illness Benefit ends, the DSP will contact you about your options. These may include:

You should not start work on Partial Capacity Benefit until you have written approval from the DSP.

Your rights while you are off sick

Disability rights and reasonable accommodation

Irish equality law defines disability broadly. The Employment Equality Act 1998 includes "a condition, illness or disease which affects a person's thought processes, perception of reality, emotions or judgement". It also covers conditions that mean a person learns differently. So mental health conditions, ADHD and many neurological conditions can count.

Citizens Information says employers must make reasonable accommodations for employees with disabilities. Examples include:

An employer does not have to make accommodations if the cost is excessive, and is not obliged to keep someone who cannot do the job. Telling your employer about a condition is your choice. But they cannot accommodate needs they do not know about.

If burnout is part of the picture, our guides on ADHD or burnout and autistic burnout may help you describe what is happening.

Going back to work

Practical steps for going back:

  1. Close your Illness Benefit claim. Your doctor must mark your last certificate as final. You can close the claim on MyWelfare.ie.
  2. Ask about a return plan. This might include phased hours, changed duties or a review meeting. Ask HR whether your employer wants a fitness-to-work note or an occupational health review.
  3. Ask for accommodations in writing. Explain what helps you, not your full medical history.
  4. Consider remote working. Since 7 March 2024, all employees can request remote working. You need 6 months' service before an arrangement starts.

If low mood is behind your absence, our article on what works for depression sets out the evidence-based options to discuss with your GP. For the effect of burnout on thinking, see burnout and cognitive performance.

When something goes wrong

Citizens Information can help, on 0818 07 4000, Monday to Friday, 9am to 8pm. For dismissal, discrimination or a dispute about your contract, consider advice from a solicitor or your union.

Frequently asked questions

Does stress or anxiety count for statutory sick pay?

Yes, if a registered medical practitioner certifies you as unable to work. The Act refers to "illness or injury" and does not exclude mental health conditions.

Can I get statutory sick pay and Illness Benefit for the same days?

No. Illness Benefit is not paid on days you get statutory sick pay, or pay under a better employer scheme in place of it.

I've used my 5 days this year. What happens if I'm sick again?

Your employer's scheme may still pay you. If not, Illness Benefit can start from day 4, after 3 waiting days, if you qualify.

I'm part-time. Do I get the same 5 days?

Yes. Part-time employees get 5 days too. The pay is based on your usual work pattern, capped at €110 a day.

Do I have to tell my employer my diagnosis?

The Sick Leave Act only requires the certificate to state that you are unable to work. Citizens Information says disclosing a disability is your choice, but an employer cannot accommodate needs it does not know about.

If you are struggling, you do not need to wait for a sick note to get help. In Ireland, contact Samaritans free on 116 123, any time, or text 50808. If a life is at risk, call 112 or 999.

This article is general information, not legal, financial or medical advice. For your situation, contact Citizens Information, your union or a solicitor.

Reviewed by: Proco Team

Last updated: November 2026

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