Dáil Éireann Debate, Wednesday - 22 June 2022
26. Deputy Mairéad Farrell asked the Minister for Public Expenditure and Reform if he has plans to amend the guidance that comes from his Department in relation to PeoplePoint (NSSO) for those working in State agencies and have medical disabilities whose absences due to medical appointments are reported as sick leave, which may impact on their career progression; and if he will make a statement on the matter. [32995/22]
Amharc ar fhreagraIf a civil servant is absent due to attending a doctor/dental/hospital appointment for either a full day or a half-day (a.m. or p.m.) the absence in question is recorded as sick absence.
However, if the staff member has attended for work prior to/after the appointment they can claim time for a sick absence on the following basis:
Morning Appointment
- If staff attending a health appointment in the morning do not have any clocking during the morning (up to 12.30pm) – this must be claimed as a half day’s sick leave.
- However, core time credit up to 12.30pm will be given provided a reasonable (i.e. approx 1 hour) period of morning attendance has been recorded prior to or after the absence in question. An officer must also be clocked in by 1.30 pm in order to reclaim the credit.
Afternoon Appointment
- If staff attending a health appointment in the afternoon do not have any clocking during the afternoon (up to 5.00pm) – this also must be claimed as a half day’s sick leave.
- However, core time credit until 4.00 p.m. will be given provided a reasonable (i.e. approx. 1 hour) period of afternoon attendance has been recorded prior to or after the absence in question. An officer must also be clocked in until at least 1.15 pm in order to reclaim the credit.
All Day Appointment
- If staff do not attend work at all during the day of a health appointment then this must be classed as one full day sick leave and the manager must report it to PeoplePoint.
When assessing an individual's attendance records for the purposes of Promotion, Higher Duties Allowances, Probation, Increments, and Mobility, in order to avoid potential unfairness to an individual, it has been the practice to make allowances for certain circumstances when assessing eligibility. This has been achieved by “discounting” absence under various circumstances.
The process of discounting is particularly important in circumstances where absence from work may have arisen on account of an individual having a disability. It may be necessary to discount sick leave to take account of a particular disability in such circumstances and failure to do so may be contrary to the provisions of the Employment Equality Acts 1998 to 2015.
Where an individual attributes poor attendance to a medical condition, consideration must be given as to whether that individual may have a disability as defined under Employment Equality legislation. HR Managers must consider their obligations under the Employment Equality Acts 1998 to 2015 and ensure a level playing field is created (insofar as that is achievable) between individuals with and without a disability.
There are no plans currently to amend this guidance.
