(Based on Irish employment law and guidance from Citizens Information and the Workplace Relations Commission. This blog is for information purposes only and does not constitute legal advice.)
Starting a new job can feel stressful enough and getting sick during probation often adds another layer of worry.
Many people ask the same questions:
Can I take sick leave during probation in Ireland?
Will I still be paid?
Can my employer extend my probation because I was ill?
The short answer is: Yes, you can go on sick leave during the probation period in Ireland.
This guide explains how sick leave during probation in Ireland works, what your rights are, what pay you may be entitled to, and what practical steps to take when you become unwell during probation.
Can You Take Sick Leave During Probation in Ireland?
Yes. You can take sick leave while on probation. Being on probation does not remove your basic employment rights.
However, probation can affect:
- When you qualify for Statutory Sick Pay (SSP)
- Whether you may need to rely on Illness Benefit instead of employer-paid sick leave
The key difference during probation is usually pay and how your performance is assessed, not your right to take sick leave.
Basics of Statutory Sick Pay (SSP)
Statutory Sick Pay is the legal minimum sick pay employers must provide to eligible employees.
It was introduced under the Sick Leave Act 2022 and has been in effect since 1 January 2023.
Under this act, employees are entitled to 5 days of paid sick leave per calendar year (subject to medical certification and minimum service requirements i.e. you’ve worked for your employer for 13 continuous weeks before you’re sick).
Your employer must pay SSP at 70% of your regular daily earnings, capped at €110 per day.
Statutory Sick Pay (SSP) and Probation
Under the Sick Leave Act 2022, Statutory Sick Pay (SSP) only applies once you have completed 13 weeks of continuous employment with the same employer.
What this means in practice:
- If you become sick before 13 weeks, you’re not entitled to SSP
- If you become sick after 13 weeks, SSP may apply (subject to other conditions)
- Some employers offer company sick pay from day one, but this is contractual, not a legal requirement
If you’re still within your first 13 weeks, check your contract or staff handbook to see if your employer offers sick pay earlier than the statutory minimum.
What Pay You Can Get If You Are Sick During Probation?
If you’re sick during probation, you can get:
Employer Sick Pay
SSP starts only after 13 weeks’ service. Employer schemes can be more generous, but they vary.
Always check your contract for probation-specific terms.
Illness Benefit (State Payment)
If you’re unable to work due to illness and meet PRSI requirements, you may be able to claim Illness Benefit during probation in Ireland.
You can apply online through the official MyWelfare.ie portal.
Key points:
- You must apply within 6 weeks of becoming ill
- You must have a valid medical certificate
- Payment depends on your PRSI contribution record
- There are 3 unpaid waiting days at the start of a claim
Learn more about PRSI & Illness Benefit in Ireland.
How Employers in Ireland Usually Handle Probation When You’re Sick
As explained by the Citizens Information on sick leave and sick pay:
“Your employer can suspend your probation, training or apprenticeship for the period you are on sick leave. The days can be added onto the end of your probation, training or apprenticeship period.”
In practice:
- Some employers may extend your probation by the length of your certified sick leave, so they still have a full assessment period.
- For brief illnesses, probation may continue unchanged.
Important: Employers must apply these approaches fairly and consistently. They cannot penalise or dismiss you simply for taking certified leave.
Can You Be Dismissed For Being Sick During Probation?
Being on probation does not give employers free rein to dismiss employees unfairly.
While probationary employees have fewer protections under Unfair Dismissal Law, 1997, in the first 12 months, employers cannot lawfully penalise or victimise you for:
- Taking certified sick leave
- Requesting Statutory Sick Pay (if eligible)
- Applying for Illness Benefit
If you believe sickness was used unfairly against you, you may have grounds to raise a complaint.
You can file a formal complaint through the Workplace Relations Commission (WRC) e-complaint portal.
What to Do If You Get Sick During Probation: Step-By-Step
If you become ill while on probation, take these steps:
- Notify your employer promptly, following your workplace policy
- Get a valid medical certificate from your GP (in-person or online). Here’s a guide on how you can get an online sick note in Ireland.
- Check your sick pay entitlement (SSP vs company scheme)
- Apply for Illness Benefit, if your sickness is likely to last more than a few days
- Ask HR, how probation will be handled (paused or extended), and request confirmation in writing
- Keep copies of certificates and emails in case of future issues
Quick Summary
- You can take sick leave during probation in Ireland
- Statutory Sick Pay (SSP) starts after 13 weeks’ service
- Illness Benefit may apply before SSP
- Employers may pause or extend probation, but cannot penalise you
- Keep records and communicate clearly with HR
Understanding sick leave during probation in Ireland can reduce stress and help you protect both your health and your job while settling into a new role.
Last updated: December 2025
