Social Welfare (Miscellaneous Provisions) Act 2023

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PART 3

Statutory Sick Pay

Amendment of section 5 of Sick Leave Act 2022

21. Section 5 of the Sick Leave Act 2022 is amended—

(a) in subsection (4), by the substitution of “Subject to subsection (4A), the first day” for “The first day”,

(b) by the insertion of the following subsection after subsection (4):

“(4A) An employee shall not be entitled to statutory sick leave where, on the immediately preceding normal working day, that employee was on sick leave—

(a) constituting statutory sick leave in the immediately previous calendar year, or

(b) for which the employee was entitled to illness benefit or injury benefit.”,

and

(c) by the substitution of the following subsection for subsection (10):

“(10) In this section—

‘Act of 2005’ means the Social Welfare Consolidation Act 2005 ;

‘illness benefit’ has the same meaning as it has in Chapter 8 of Part 2 of the Act of 2005;

‘injury benefit’ has the same meaning as it has in Chapter 13 of Part 2 of the Act of 2005;

‘normal working day’ means any day which the employee would ordinarily work for his or her employer if the employee had not been incapable of doing so due to illness or injury;

‘registered medical practitioner’ has the same meaning as it has in the Medical Practitioners Act 2007 .”.