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Covid-19 Pandemic

Dáil Éireann Debate, Wednesday - 11 November 2020

Wednesday, 11 November 2020

Questions (119)

David Cullinane

Question:

119. Deputy David Cullinane asked the Minister for Education if the matter raised in correspondence (details supplied) will be clarified; the reason distinctions are made; the reason the rate of sick pay or leave differs substantially despite the effect of being out of work being the same in both cases; the reason a Covid-19-symptomatic person is being put on normal sick leave instead of Covid-19-related leave; the provisions her Department has made for Covid-19-related leave to ease the burden of the pandemic on workers; and if she will make a statement on the matter. [35460/20]

View answer

Written answers

The general principles to apply to the management of COVID-19 includes the safety and welfare of employees and the minimisation of the impact of COVID-19 on teaching and learning. The current COVID-19 arrangements in place for teachers and special needs assistants (SNAs) are outlined in my Department’s Circular Letter 0049/2020.

The Circular outlines that special leave with pay may be granted to employees who have been diagnosed with COVID-19 or who have been advised by the HSE/GP to self-isolate. In addition, the Circular allows for an employee who has been advised by the HSE/GP to restrict his/her movement or has been categorised as very high risk of serious illness, from contracting COVID-19, to be facilitated with alternative working arrangements e.g. working from home.

My Department has an enhanced OHS in place to provide employers with occupational health advice in relation to employees’ fitness for work. The OHS provider has a process in place for school staff with health concerns about their risk of serious illness from contracting COVID-19, through workplace attendance.

A detailed on-line questionnaire is submitted by the employee to the OHS, along with detailed medical evidence to provide clarity with respect to the medical complaint(s) in question. All of this information is reviewed by the OHS specialist occupational health physician, including the combined and cumulative risk that can arise when an employee suffers from more than one health condition. The risk categorisation is comprehensive and follows the same process that is being applied across other sectors. An employee is categorised by the OHS into one of three COVID-19 risk categories. These are general population risk, higher risk, and very high risk. The outcome of the risk categorisation is governed by the HSE guidance.

Where an employee considers the OHS ‘COVID-19 Health Risk Categorisation Report’ places him/her in an incorrect risk category, a review can be requested by the employee where the OHS will re-evaluate the medical evidence provided. The employee may provide additional medical evidence as part of the review process.

In accordance with HSE advice, an employee in the ‘high risk’ group who is not ill must attend the workplace and should take extra care to practice social distancing and hand hygiene. The use of face coverings and personal protective equipment may also be considered where maintaining social distancing is difficult. All employers are required to have a COVID-19 Response Plan in place. The plan outlines the arrangements in place to ensure a safe workplace for all employees. Those employees deemed ‘high risk’ and ‘normal risk’ can attend the workplace safely where the school is implementing the COVID-19 Response Plan and the health advice for schools.

In addition, the Health Protection Surveillance Centre has issued advice in respect of SNAs, which sets out clearly how a safe working environment can be maintained for SNAs in schools - ‘Guidance for Schools regarding Special Needs Assistants (SNAs) supporting children and young people with additional care needs in the context of COVID-19' . There is an obligation on the employer to discuss the COVID-19 Response Plan with the employee and ensure that all appropriate risk mitigation measures are in place for the protection of employees in the school.

Based on the medical information provided, the SNA in question has been categorised by the OHS as in the ‘high risk’ group and therefore, if medically fit for work must attend the workplace

The terms and conditions of the Sick Leave Scheme for SNAs are outlined in my Department’s Circular Letter 60/2019. An employer must refer an employee to the OHS for an independent medical assessment of fitness for work, where he/she has been absent on Sick Leave for 4 weeks (28 days) continuous or cumulative in a 12 month rolling period of SNA service. Based on her Sick Leave record, the SNA in question was referred to the OHS and following a medical assessment has been advised that she is currently unfit for work due to a non-Covid-19 related illness and is therefore recorded by the employer as absent on Sick Leave. The OHS has scheduled a review appointment with the SNA over the coming days.

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