Niamh Smyth
Question:34. Deputy Niamh Smyth asked the Minister for Education if she is reviewing sick leave for a section of staff based on correspondence (details supplied); and if she will make a statement on the matter. [21936/24]
View answerWednesday, 15 May 2024
Questions (34)
Written answers
I refer to your recent correspondence to the Minister for Education, Ms. Norma Foley TD, in relation to supports for Teachers and Special Needs Assistants on foot of an assault in the course of their work.
In accordance with Section 14 of the Education Act 1998, it is the duty of the Patron to appoint, where practicable, a Board of Management. The Board of Management is the body of persons or the person appointed by the Patron to manage the school on his/her behalf, including issues surrounding health and safety.
While the Department of Education has statutory functions in the setting of terms and conditions for teachers and Special Needs Assistants, the Department of Education is not the employer.
The Department of Public Expenditure, NDP Delivery and Reform (DPENDR) determines the terms and conditions of Leave Schemes for Public Servants, which includes teachers and SNAs. In this regard, the limits imposed in the Assault Leave Circular for Teachers was agreed with Education Partners in conjunction with DPENDR.
The Leave of Absence following Assault Scheme is contained in the Department’s Circular Letter 0061/2017 for teachers and 0062/2017 for SNAs. It provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.
The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period.
Any subsequent absence will be dealt with under the Sick Leave Scheme. When calculating a teacher’s entitlement, any Assault Leave/Leave of Absence following Assault granted in the previous four years from the current absence will be taken into account in determining access to leave under this scheme.
A Leave of Absence following Assault ends on:
• The ceasing of the certification by a duly qualified medical practitioner of the physical injury; or
• the maximum leave limits available under this scheme being exhausted;
• or certification of fitness to return to duties.
A Teacher/SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.
The Employee Assistance Service, which is currently provided by Spectrum.Life, is available as a supportive resource for teachers and SNAs. The freephone confidential helpline is 1800 411 057 and is available 24 hours a day, 365 days a year. Supportive resources may include short term counselling (up to six sessions). If the EAS recommends additional short-term counselling sessions with the teacher or SNA, the Department can facilitate this request.
The Department recognises the importance of wellbeing for our school communities. Wellbeing promotion is a fundamental element of the Department’s overall plan to support schools in providing advice and support to managers to deal with health and wellbeing issues in the workplace.
In response to the identified need for guidance for schools, the DE established a working group to develop guidelines for schools on the prevention and management of behaviour that challenges, where such behaviour poses imminent danger of serious physical harm to self or others within the school environment.
The guidelines have been developed in the context of the DES Wellbeing Policy Statement and Framework for Practice (2018, revised 2019), which acknowledges the role of schools in the promotion of wellbeing. They focus on creating inclusive environments which can respond to need and build on good practice including prevention and de-escalation. A range of training options will be available to schools once the Guidelines are published, including procured training on understanding behaviours of concern and responding to crisis situations. It is expected the guidelines will be finalised and published before the new academic year; the guidelines apply to all recognised schools.