Dáil Éireann Debate, Tuesday - 24 February 2015
261. Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform the way persons with a critical illness can avail of sick leave, if they have used up all of their sick leave entitlement in one year, but still need to access sick leave, to continue with their treatment; and if he will make a statement on the matter. [7994/15]
View answer262. Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform the way persons who return to work after a critical illness can avail of sick leave, if they have used up all of their sick leave entitlement in one year; and if he will make a statement on the matter. [7995/15]
View answerI propose to take Questions Nos. 261 and 262 together.
The Public Service Sick Leave Scheme came into effect for the generality of the Public Service on 31st March 2014 and for the Education Sector on 1 September 2014.
Under the Sick Leave Scheme, public servants have access to the following paid sick leave a maximum of 92 days (3 months) on full pay in a rolling one year period; followed by a maximum of 91 days (3 months) on half pay; subject to a maximum of 183 days (6 months) paid sick leave in a rolling four year period.
In addition, public servants may be awarded Temporary Rehabilitation Remuneration (TRR) where they have exhausted their access to paid sick leave and there is a reasonable prospect of them returning to work and providing regular and effective service. TRR is paid at the same rate at which an ill health retirement pension would be.
In order to provide support to public servants who suffer from a critical illness or injury, the Scheme provides for up to 365 days' paid sick leave in a four year period (comprising 183 days on full pay in a rolling one year period, followed by 182 days on half pay).
A public servant who wishes to avail of extended sick pay for a critical illness or injury must apply to management in his or her organisation. In the Civil Service, for example, a civil servant must complete an application form and submit it to the Human Resources Manager in his or her Department/Office.
The Critical Illness Protocol (CIP) sets out the circumstances in which a HR Manager may grant access to extended paid sick leave under the critical illness provisions. In the first instance the employer's occupational health physician must certify that an illness or injury satisfies the following medical criteria: 1. the employee is medically unfit to return to his or her current duties or (where practicable) modified duties in the same pay grade; and 2. The nature of this medical condition has at least one of the following characteristics: acute life threatening physical illness; chronic progressive illness, with well-established potential to reduce life expectancy (in circumstances where there is no medical intervention); major physical trauma ordinarily requiring corrective acute operative surgical treatment; in-patient hospital care of two consecutive weeks or greater. In the case of pregnancy-related or assisted pregnancy-related illness, the requirement for hospitalisation of two consecutive weeks will be reduced to two or more consecutive days of in-patient hospital / clinic care
The HR Manager will then decide, following consideration of the advice of the occupational health physican, whether to grant extended paid sick leave under the critical illness provisions. It should also be noted that where there are - in objective terms - exceptional circumstances relating to an illness or injury that warrant the application of the critical illness provisions where the strict medical criteria do not apply, the HR Manager may grant access to extended paid sick leave.
