Dáil Éireann Debate, Tuesday - 25 April 2023
265. Deputy Thomas Pringle asked the Minister for Education in the situation where a Board of Management has had to refuse an application for an extension to a career break, when the Board can expect a decision from that teacher regarding their position in the school, staying in situ or resigning, as this information is vital for the best interests of the school community; and if she will make a statement on the matter. [19161/23]
View answerUnder the Education Act 1998, as amended, the school Board of Management, appointed by the Patron of each recognised school, is responsible for the management of a school and its staff. Teachers, in accordance with the Education Act, are employed by the school management authority of each individual school.
The terms and conditions of the Career Break Scheme for teachers, assets.gov.ie/229051/2bcc29cd-6266-47cf-8906-e9ef4ae80ac4.pdf#page=102, are contained in my Department’s Circular Letter 54/2019 (Chapter 7):- assets.gov.ie/31530/18a305c43c954e7d8bcada934e216522.pdf
A Career Break is a period of unpaid special leave for not less than 1 school year. It may be extended on an annual basis provided the total period of the Career Break does not exceed 5 years at any one time, subject to an overall maximum of 10 years absence during a teacher’s career.
A teacher must apply to their employer i.e. school Board of Management, not later than 1 February, if they wish to avail of a Career Break in the following school year. Each application for, or extension of a Career Break is considered on its own merits by the employer, within the context of the school/ETB policy on teacher absences. The employer’s decision on the Career Break application must include a written notice of approval or refusal to the teacher no later than 1 March.
In considering a Career Break application, each employer, must have a policy that takes due regard to the capacity of the school to meet its obligations to its pupils. The welfare and educational needs of the pupils must take precedence over all other considerations and accordingly, must take account of the availability of an appropriate qualified replacement teacher.
A teacher on a Career Break who wishes to resign from their teaching post is required to notify their employer in writing, in accordance with the teacher’s terms of employment. Where a teacher fails to resume duty at the end of their approved period of Career Break, the employer must establish the position with the teacher and take appropriate action. These matters are between the teacher and their employer i.e. Board of Management.
