Managing long-term sickness absence in Ireland
Reviewed by Mellow Editorial Team, HR & payroll content team
Long-term sickness absence in Ireland has no single statutory definition, but it is generally understood as continuous absence lasting four weeks or more. Managing it well means balancing a genuine duty of care to the employee with the legitimate operational needs of the business — and following a clear, consistent process throughout.
What the law requires
There is no stand-alone piece of Irish legislation that governs long-term sickness absence specifically. Instead, several overlapping obligations apply.
The Employment Equality Acts 1998–2015 are the most significant. Many long-term illnesses constitute a disability under the Acts, which means an employer has a duty to consider reasonable accommodation — adjustments to the role, hours, workplace or duties — before taking any action that might disadvantage the employee.
The Safety, Health and Welfare at Work Act 2005 requires employers to protect employee wellbeing, which includes not returning someone to work prematurely or to conditions that could worsen their condition.
The Unfair Dismissals Acts 1977–2015 also come into play if absence ultimately leads to termination. Dismissing someone solely because they are sick, without following a fair procedure, is likely to be found unfair.
This is general information, not legal advice. For your specific situation, take advice from an employment solicitor or HR specialist.
Building a consistent absence management process
The most important thing you can do before any absence occurs is have a written sickness absence policy. It should cover how and when employees notify you of absence, what sick pay (if any) you offer, when you expect medical certificates, and how you will stay in touch during prolonged absence.
Once an employee has been absent for several weeks, a structured approach helps both sides.
Keep in regular, reasonable contact. This does not mean calling every day. A agreed check-in every one to two weeks — by phone, email or whatever suits the employee — keeps the relationship intact and gives you a realistic picture of likely return. Some employees find silence from their employer more stressful than contact; others find frequent contact intrusive. Ask what they prefer.
Request fit-to-work certificates at appropriate intervals. You are entitled to ask for medical evidence of ongoing incapacity. Be clear about what information you need — typically a statement that the employee remains unfit for work and, where possible, an expected return timeframe.
Consider an independent medical assessment. If the absence is prolonged and you need a clearer prognosis, you can ask the employee to attend an occupational health physician of your choosing. This requires the employee's consent and should be presented as a neutral, supportive step — not a challenge to their GP. The report helps you understand what adjustments might be possible and whether a return to work, in any form, is realistic within a reasonable timeframe.
Reasonable accommodation
If the underlying illness or condition qualifies as a disability, you must genuinely consider what reasonable accommodation looks like. That might include a phased return (reduced hours or lighter duties for an agreed period), remote or hybrid working, changes to shift patterns, or a temporary redeployment to a different role.
"Reasonable" is not unlimited. The obligation does not apply if the accommodation would impose a disproportionate burden on the business — but that is a high bar, and you need to be able to demonstrate you actually explored the options before concluding that.
Document every step. Keep records of what was considered, what was offered, and what the employee's response was.
When the absence cannot continue indefinitely
There comes a point where indefinite absence is genuinely unsustainable. Irish employment law does recognise that an employer cannot be expected to hold a role open forever — but the threshold for dismissal on capability grounds is not simply reaching a certain number of weeks.
Before considering dismissal, you should have:
- followed your absence policy throughout
- obtained up-to-date medical evidence
- explored reasonable accommodation
- consulted the employee fully and given them an opportunity to respond
- considered alternatives such as ill-health retirement, if relevant
If, after all of that, there is no reasonable prospect of the employee returning to their role within a reasonable timeframe, and no suitable alternative exists, a dismissal on capability grounds may be defensible. The procedure must still be fair: written notice of the situation, a formal meeting, and the right to be accompanied by a colleague or trade union representative.
Sick pay and state supports
From January 2023, Ireland's statutory sick pay scheme introduced a legal minimum entitlement, phased in over several years. Separately, employees who have sufficient PRSI contributions may claim Illness Benefit from the Department of Social Protection. As an employer, you should be clear in your policy whether you pay company sick pay on top of Illness Benefit, instead of it, or not at all — and for how long.
Long-term absence also has payroll implications. If you are not paying the employee, their payroll submissions still need to be handled correctly in real time through Revenue's Online Service. A gap in submissions or an incorrect tax treatment can create problems for both the employee and the employer when the return to work eventually happens.
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