Dáil Éireann Debate, Wednesday - 28 June 2017
119. Deputy Mary Lou McDonald asked the Minister for Education and Skills if whistleblowers who are on sick or stress related leave are paid in full; if not, the reason for same; if educational organisations contact whistleblowers on leave to ascertain their state of health; and if he will make a statement on the matter. [30323/17]
View answerThe conditions governing the payment of salary for Civil Servants while on sick leave are contained in circular 12/2015. Section 3.9 of the circular provides an avenue for a staff member to avail of the Civil Service Employment Assistance Service for the overall wellbeing of the staff member. Section 3.11 provides a mechanism for a member of staff to apply to extend the period of paid sick leave under the Critical Illness Protocol.
The full terms of the circular can be viewed on the Department of Public Expenditure & Reform’s Website.
Under the Education Act 1998 (as amended by the Education (Amendment) Act 2012) it is the Board of Management or Education and Training Board, as appropriate, which is responsible for employment of school staff in accordance with procedures published by the Department following consultation with the education partners.
Following a review of sick leave arrangements, a new Public Service wide sick leave scheme was introduced across the Public Service in 2014. The Public Service Management (Recruitment and Appointments) (Amendment) Act 2013, provided the Minister for Public Expenditure and Reform with the power to make regulations that set out the specific details of the Public Service Sick Leave Scheme. These regulations are contained in SI 124 of 2014 and provides for employers to grant the following:
- A maximum of 3 months (92 days) on full pay in a year
- Followed by a maximum of 3 months (91 days) on half pay
- Subject to a maximum of 6 months (183 days) paid sick leave in a rolling four year period.
A person who becomes incapacitated as a result of a critical illness or serious physical injury may be granted extended paid sick leave, in exceptional circumstances of:
- A maximum of 6 months (183 days) on full pay in a year
- Followed by a maximum of 6 months (182 days) on half pay
- Subject to a maximum of 12 months (365 days) paid sick leave in a rolling four year period.
Details of teachers' sick leave entitlements are set out in the electronic book "Employment Terms and Conditions for Registered Teachers in Recognised Primary and Post Primary Schools" and in Circular 0054/2015 for Special Needs Assistants. These documents are available on my Department's website.
The notification and recording of sick leave is a matter between the employer and employee and it operates regardless as to whether the staff member is a “Whistleblower” as referred to by the Deputy in her question. There is no provision for "whistleblowers" to be treated differently to other employees. In the event the Deputy has a concern about a particular case she can bring such a matter to my attention and I can request officials at my Department to examine the matter further.
