Dáil Éireann Debate, Tuesday - 4 July 2023
295. Deputy Cathal Crowe asked the Minister for Education if she will address a number of concerns from a teacher (details supplied) regarding their critical illness application; and if she will make a statement on the matter. [32303/23]
View answerCOVID-19 Special Leave With Pay is available to an employee who begins to display COVID-19 symptoms or receives a positive COVID-19 PCR/antigen test result.
Any non-COVID-19 illness must be recorded by the employer as Sick Leave and the terms and conditions of the Sick Leave Scheme will apply.
In relation to the concerns from the teacher whom the deputy is enquiring on behalf of, the teacher had an allergic reaction to a Covid-19 vaccination, which has resulted in their absence from the workplace. Per the terms and conditions of Circular Letter 0042/2021 - Coronavirus (COVID-19): Arrangements for Teachers and Special Needs Assistants employed in recognised Primary and Post Primary schools, where an employee has side effects following the COVID-19 vaccination, resulting in absence from duty, the terms and conditions of the Sick Leave Scheme will apply.
The Public Service Sick Leave Scheme, which applies to teachers, is regulated by the Public Service Management (Sick Leave) Regulations 2014, SI 124 of 2014, as amended by the Public Service Management (Sick Leave) (Amendment) Regulations 2015, SI 384 of 2015. The details of the Sick Leave Scheme, as it applies to teachers, is also set out in Chapter 1 of Circular 54/2019.
A teacher who becomes incapacitated as a result of a critical illness or serious physical injury and has supporting medical evidence may, upon application, be granted Critical Illness Provisions (CIP), in exceptional circumstances as provided for in the Labour Court Recommendation (LCR 20667). The following limits will apply:
• 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 4 year period.
The granting of CIP is a decision made by the employer having considered the OHS medical advice.
For cases which involve serious illnesses, injuries or conditions, but do not fall within the medical criteria for granting of CIP, employers have discretion as to whether to grant CIP following an analysis of the information provided and the circumstances of the case. This is to encompass cases that involve what would generally be considered a significant illness, injury or condition but do not fulfil the medical criteria.
Where the relevant period of paid Sick Leave has been exhausted, a teacher may be granted Temporary Rehabilitation Remuneration (TRR) subject to certain conditions. In the case of a teacher who has been granted extended sick pay under CIP, they may have access to 12 months (365 days) TRR followed by a further period of TRR not exceeding 24 months (730 days). The details of the TRR are also set out in Chapter 1 of circular 54/2019.
