Dáil Éireann Debate, Thursday - 23 November 2023
211. Deputy Kathleen Funchion asked the Minister for Education the current sick payment entitlement for a person (details supplied) who is currently out on long-term sick leave from their teaching post; and if she will make a statement on the matter. [51638/23]
View answerThe sick leave entitlements for a teacher are as follows:
A teacher who is absent from duty because of personal illness or injury, may be granted paid Sick Leave of 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 in a year. Paid Sick Leave is subject to a maximum of 6 months (183 days) in a 4 year period.
A teacher who is absent from duty because of a critical illness or serious physical injury and has supporting medical evidence may, upon application, be granted Critical Illness Provision (CIP), in exceptional circumstances as provided for in the Labour Court Recommendation (LCR 20667). Under CIP, a teacher may be granted 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 in a year. Paid Sick Leave under CIP is subject to a maximum of 12 months (365 days) paid Sick Leave in a 4 year period. The granting of CIP is a decision made by the employer having considered the Occupational Health Service (OHS) medical advice.
Where paid Sick Leave has been exhausted, a teacher may be granted Temporary Rehabilitation Remuneration (TRR). In the case of a member of a pre-existing pension scheme, the rate of TRR is based on pensionable pay, and paid pensionable service accrued in the employment at the time paid Sick Leave was exhausted, together with the added years which would be awarded if ill health retirement were granted. In the case of a member of the Single Public Service Pension Scheme, the rate of TRR is based on referable amounts accrued in accordance with the provisions of the Single Pension Scheme at the time paid Sick Leave was exhausted, and the enhancement of benefits as provided for in regulations. TRR will not exceed 18 months (548 days) in the case of ordinary illness. In the case of a teacher who has been granted extended paid Sick Leave 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).
A teacher, who is certified medically unfit by the OHS to resume duty after all paid Sick Leave entitlements have been exhausted, must notify their employer in writing if they intend to avail of a period of unpaid Sick Leave and retain their position in the school/ETB Scheme during this period. For those who do not qualify for TRR, the period of unpaid Sick Leave will not normally exceed the TRR limits. In considering any extension to the Unpaid Sick Leave entitlements, employers must seek the advice of the OHS on the teacher’s prospect of recovery and return to work.
