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Social Welfare Benefits

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Questions (389)

Francis Noel Duffy

Question:

389. Deputy Francis Noel Duffy asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 518 of 16 December 2021, if the matter relates to his Department and the Department of Health as referred to in the reply from the HSE (details supplied). [1645/22]

View answer

Written answers

The Deputy has asked if a recent PQ to the Minister for Health on the Critical Illness Protocol (CIP) provisions of the Public Service Sick Leave Scheme as set out in S.I.124 of 2014 relates to the Department of Public Expenditure and Reform and I can confirm that these regulations were introduced by this department.

Public servants who suffer from a critical illness or injury can apply for the Critical Illness Protocol (CIP) to avail of extended paid sick leave. The CIP and the details of these provisions are set out in the Appendix A. The CIP is managed by each individual public service employer and by way of example the arrangements for CIP in the Civil Service are set out in Appendix 3 of Circular 05/2018 Arrangements for Paid Sick Leave and follows for the Deputy's information.

Paid Sick Leave

The CIP defines eligibility criteria for the granting of extended sick leave. The medical criteria are set out in the CIP and the relevant Occupational Health Provider appointed by the employer will advise if the nature of the illness meets the medical criteria.

The decision to award CIP is made by management following consultation with the relevant Occupational Physician and with consideration of all the circumstances of the case. CIP may still be granted based on management’s discretion where the medical criteria are not met. There are guidelines available to assist managers in making a fair and equitable decision.

Appendix A: CRITICAL ILLNESS PROTOCOL

Critical Illness Provisions

Where an individual is given access to the critical illness provisions, the Scheme provides for:

- Up to 365 days' paid sick leave in a four year period (comprising 183 days or 6 months on full pay in a rolling one year period, followed by 182 days a further 6 months on half pay).  This is the same as the access that existed under the previous sick leave schemes in place across much of the public service. 

- Under a protective year provision, an individual who has taken sick leave because of a critical illness will continue to have access to the extended sick pay limits for 12 months following the      date of return to work following a critical illness or injury to afford further protection.

- An extended period of temporary rehabilitation remuneration (TRR) of up to 730 days (2 years). This  may be paid where it is a direct continuation of an illness under the Critical Illness Protocol and

- A further period of sick leave is required to rehabilitate from the critical illness/injury;

- An occupational health physician certifies that there is a reasonable prospect of the individual returning to work and giving regular and effective service; and

- The decision to award the additional period of temporary rehabilitation remuneration is reviewed every 6  months.  

The rate of payment of TRR is determined based on pensionable service. Public servants who pay Class A PRSI may also receive Illness Benefit from the Department of Social Protection in addition to TRR.

These are the general provisions of the extended paid sick leave that relate to critical illnesses.

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