Dáil Éireann Debate, Tuesday - 7 February 2017
356. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if he will address a query (details supplied) regarding the policy on sick leave for public servants; and if he will make a statement on the matter. [5441/17]
Amharc ar fhreagraWhile I am responsible for the overall Public Service Sick Leave I cannot comment on individual cases or circumstances. The question of whether an illness is directly related to pregnancy and as such is "pregnancy-related" is one that must be answered by a medical doctor on a case-by-case basis. In case of doubt, it is recommended that a referral is made to an organisation's Occupational Medical Physician.
I would like to highlight that the Scheme does provide additional support for pregnant workers. The need to protect women during pregnancy and ensure that they are not discriminated against was reflected in the design of the new sick leave scheme. The provisions of the Scheme that apply in most circumstances are set out at Appendix A below, in addition, the following extra protections are afforded to a female worker in respect of pregnancy related illnesses which would not apply if she or a male colleague were absent for a non-pregnancy related illness:
(i) An employee who is absent for a pregnancy related illness will receive a minimum of half pay during the pregnancy related illness, regardless of whether she has exhausted her ordinary entitlement to paid sick leave. This means that a female employee will not be taken off pay while on pregnancy related sick leave.
(ii) If a period of sick leave occurs subsequent to the pregnancy, the sick leave pay calculated at the half rate which the employee received during the pregnancy related illness will be discounted for the purpose of calculating entitlement to ordinary sick leave after the pregnancy, subject to the overall sick leave limits.
(iii) The Critical Illness Protocol (CIP details in Appendix), which allows for an increase of the upper limits for entitlement to sick leave at full or half pay provides specifically for pregnancy-related illness. Where a pregnancy related illness is serious it will also be covered by the CIP. One of the criteria for awarding of CIP more generally is 2 consecutive weeks of hospitalisation, however, this requirement is reduced to 2 days for pregnancy related illness in accordance with Labour Court recommendation (ref: LCR 20667).
(iv) Pregnancy related illnesses are also discounted for consideration of promotion and higher duty allowances.
In these ways, the Public Service Management (Sick Leave) Regulations, S.I. 124 of 2014 recognise the distinct position of the pregnant worker and make provision for the protection of the health and welfare of such workers. The Regulations implement the principles of European law in relation to non-discrimination against pregnant workers.
Appendix A
Public Service Sick Leave Scheme
The new Public Service Sick Leave Scheme came into effect from 31st March 2014 for the generality of the Public Service.
The new provisions allow staff access to the following paid sick leave:
maximum of 92 days on full pay in a rolling one year period;
followed by a maximum of 91 days on half pay in a rolling one year period;
subject to a maximum of 183 days paid sick leave in a rolling four year period.
Temporary Rehabilitation Remuneration
Temporary Rehabilitation Remuneration (TRR - previously Pension Rate of Pay) can be granted where an individual has exhausted the limits for sick pay provided there is a realistic prospect of that person returning to work. The maximum period for which TRR can be paid is 547 days under ordinary sick leave arrangements.
Critical Illness Protocol
In addition, in order to provide support for public service employees the new Critical Illness Protocol (CIP) was put in place as part the scheme. This allows an employee, who suffers a critical illness or serious physical injury, access to 12 months of paid sick leave on the same basis as the previous sick leave scheme (i.e. 183 days on full pay in a rolling one year period, followed by 182 days on half pay subject to a maximum of 365 days in a rolling four year period). In such cases TRR is also available for 12 months with a further possibility of 2 years depending on the severity of the illness.
