Sick Leave Entitlement

what are your employees entitled to?

Sick Leave


Sick leave becomes an entitlement after six months continuous service and the number of days can vary with the employment agreement, but the minimum statutory amount is 10 days per 12 months of continuous employment. This changed from 5 days to 10 on the 24th July 2021 when the Labour Government doubled the entitlement.
Following 6 months continuous service the employee becomes entitled to 10 days sick leave by law. These 10 days are intended to last the upcoming 12 months, upon which another 10 days are accrued and so on.

Sick leave is an entitlement under the Holidays Act 2003 and employment agreements must be worded carefully to meet the requirements of the Act.

Employees can request their annual holidays be used if they run out of sick leave. This is to ensure a continuity of income in those cases where the entitlement to Sick Leave is exhausted but more are required.

Unused Sick Leave does accumulate year on year up to a maximum of 20 days.

Sick leave has to be agreed by the employer and the employee that they have a valid entitlement and reason. This usually comes in the form of a medical certificate.

An employee can use their sick leave if they, their spouse or other dependent person is sick or injured. 

There are many important rules that are covered in our eBook 'Annual Holidays and Leave'.

For more information on the Annual Holidays and Leave publication click here >>