I propose to take Questions Nos. 69 to 71, inclusive, together.
As the Deputies will be aware, in July 2012 sick leave arrangements for all public service employees were the subject of a Labour Court Recommendation relating to the introduction of a reformed Sick Leave Scheme. The rationale for the new scheme was the need to reduce the unsustainable cost of sick leave for the public service overall which is to be achieved through a substantial reduction in the period of time for which paid sick leave will be available from one year at present (comprising six months at full pay and six months at half pay – subject to certain conditions) to six months (i.e. three months full pay and three months half pay). Under the Labour Court recommendation special arrangements were to be put in place, through the development of a Critical Illness Protocol, under which staff with serious illnesses of specified severity might be able to benefit from extended paid sick leave on an exceptional basis. The finalisation of this protocol was recently the subject of conciliation at the Labour Relations Commission which aimed at securing agreement on it as soon as possible to facilitate the introduction of the new sick leave arrangements from 1 January 2014.
The issue of transitional arrangements and specifically how employees who are on sick leave at the time of commencement of the new scheme as well as the approach taken to employees’ prior sick leave record was addressed by the Labour Court in its recommendations. It was recommended by the Labour Court that anyone who is on sick leave at the time of the introduction of the new scheme will continue to avail of the current sick leave scheme and will be provided with access to six months full pay and six months half pay (over a four year rolling period) for the duration of that particular illness.
In relation to the issue of retrospection it was agreed by the Labour Court that an employee’s sick leave records over the last four years will, as is currently the case, be used to determine whether an individual has access to sick pay or not. In the case of a non-critical illness there will, however, be a reduction in the number of days sick leave absences in the preceding four year period above which there will be no entitlement to paid sick leave – other than Temporary Rehabilitation Pay - from 365 days to 183 days. The changes in sick leave arrangements clearly represent a significant change in the terms and conditions of staff. It was, therefore, decided that the introduction of the scheme should take place in 2014 to provide all public service employees with sufficient advance notice of the sick leave scheme.
Sick leave statistics in the public service are calculated on the basis of certified and non-certified sick leave. Statistics for serious illness are not collected on the basis that there is not at the present time a consistent or agreed definition of serious illness. However, the significant lead in time to introducing changes in the sick leave scheme was intended to provide staff with extended time to understand the impact of the revised scheme on their own circumstances. The new sick leave arrangements were agreed under the Croke Park Agreement and did not form part of the Haddington Road Agreement. The parameters of the new sick leave scheme are contained in the Labour Court Recommendation and the scheme will be implemented in accordance with this recommendation.