Dáil Éireann Debate, Tuesday - 22 November 2022
403. Deputy David Cullinane asked the Minister for Education if she plans to reintroduce the extended Covid leave for SNAs who cannot attend work as a consequence of long Covid; and if she will make a statement on the matter. [57863/22]
Amharc ar fhreagra404. Deputy David Cullinane asked the Minister for Education if there are plans to amend Circular 0060/2019 in relation to sick pay for SNAs with an amendment to include long Covid as a qualifying condition for CIP; if there are other supports that are being considered by her Department for SNAs; and if she will make a statement on the matter. [57864/22]
Amharc ar fhreagraI propose to take Questions Nos. 403 and 404 together.
COVID-19 Special Leave with Pay is currently available to an SNA who (a) begins to display COVID-19 symptoms or (b) receives a positive COVID-19 PCR/antigen test result. The maximum Special Leave with Pay entitlement is 7 consecutive days in any one instance, which is the current HSE stated self-isolation period. The terms and conditions of the Sick Leave Scheme will apply where an SNA remains medically unfit for work immediately after the 7-day Special Leave with Pay period.
From 1st July 2022, an SNA who was already absent on extended COVID-19 Special Leave With Pay (28 continuous days or more) and remained medically unfit for work from that date, the terms and conditions of the Sick Leave Scheme apply. These rules are in line with the Department of Public Expenditure and Reform’s (DPER) 'Guidance and FAQs for Public Service Employers during COVID-19 in relation to Special Leave with Pay for COVID-19'. The DPER Guidance and FAQs apply to all civil and public service employees.
My Department’s Circular Letter 0038/2022 titled ‘COVID-19: Coronavirus (COVID-19): Updated Working Arrangements for Teachers and Special Needs Assistants employed in recognised Primary and Post Primary schools’ reflects this DPER directive.
The Public Service Sick Leave Scheme, which applies to SNAs, is regulated by the Public Service Management (Sick Leave) Regulations 2014, S.I. No. 124 /2014, as amended by the Public Service Management (Sick Leave) (Amendment) Regulations 2015, S.I. No. 384/2015. The terms and conditions of the Sick Leave Scheme for SNAs are contained in my Department’s Circular Letter 0060/2019 and Circular Letter 0040/2021. As part of the Public Service Sick Leave Scheme, an SNA 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. In determining whether an SNA may be considered for CIP, they should ordinarily be under the current or recent clinical care of a Consultant either as an inpatient or outpatient. The granting of CIP is a decision made by the employer, having considered the Occupational Health Service (OHS) medical advice, following their assessment of the SNA. The CIP Managerial Discretion Guidelines are available at Appendix B of Circular Letter 0060/2019. The OHS, will advise the employer whether, in their opinion, the following medical criteria are met by the SNA to be considered eligible for CIP:
1. The SNA is medically unfit to return to his or her current duties or, where practicable, modified duties in the same pay grade.
2. The nature of this medical condition has at least one of the following characteristics:
(a) Acute life-threatening physical illness.
(b) Chronic progressive illness, with well-established potential to reduce life expectancy. This refers to the condition and not the individual person. It must be well established in the peer reviewed medical literature that the medical condition results in a reduction of life expectancy.
(c) Major physical trauma ordinarily requiring corrective acute operative surgical treatment.
(d) In-patient or day hospital care of 10 consecutive days or greater. In the case of pregnancy related illness, this is reduced to 2 or more consecutive days of in-patient hospital/clinic care.
In the event of any changes made to the Public Service Management (Sick Leave) Regulations, these changes will be reflected by my Department in the Sick Leave Scheme for SNAs.
