Dáil Éireann Debate, Tuesday - 16 April 2024
86. Deputy Niamh Smyth asked the Minister for Education if she will report on the recent circular on domestic violence leave for teachers and special needs assistants; how this leave will operate in reality in school communities; and if she will make a statement on the matter. [16151/24]
Amharc ar fhreagraAs outlined to the Deputy in my response to her previous questions raised on this issue, Domestic Violence Leave is a statutory leave regulated by the Work Life Balance and Miscellaneous Provisions Act 2023.With effect from the 27th of November 2023, all employers are required to provide up to five days paid domestic violence leave over a period of 12 months. Ireland is one of the first countries in the European Union to introduce this right and with the government of Ireland, the Department will work to give it full effect.
Domestic violence is one of the greatest ills that can affect any individual, harming their sense of safety and self within their home. For survivors of domestic violence, it can feel as if there is no escape. Implementing this paid leave will go some way to providing much-needed care and support for those experiencing violence.
As with all types of leave, the Department of Public Expenditure and Reform has led on the implementation of this leave. The terms and conditions of Domestic Violence Leave for Teachers and SNAs are outlined in my Department’s Circulars 59 and 60 of 2023 and are effective from 22 November 2023.
Domestic Violence Leave for Teachers and SNAs is a period of paid leave and consists of one or more school days, but cannot exceed a maximum of 5 school days in a consecutive 12 month period. The leave will be paid at the full rate of pay of the employee.A teacher/SNA, who is a victim of domestic violence or a teacher/SNA who is assisting a relevant person is entitled to apply for Domestic Violence Leave for the following reasons:
• to seek medical attention;
• to obtain services from a victim services organisation;
• to obtain psychological or other professional counselling;• to relocate residence temporarily or permanently;
• to obtain an order from a court under the Domestic Violence Act 2018;
• to seek advice or assistance from a legal practitioner; the Garda Síochána or obtain any other relevant services.
Domestic Violence Leave can also be availed where a teacher or SNA is providing support to a relevant person. A relevant person is defined in the Work Life Balance and Miscellaneous Provisions Act.
A teacher or SNA can apply for Domestic Violence Leave by completing the application for provided in the Circular’s published by my Department and submitting the completed application form to their employer as soon as is reasonably practicable prior to or after availing of such leave.
A school may appoint a substitute teacher/SNA for the duration of the leave.
The Board of Management, as the employer, is responsible for the implementation of guidelines in schools, in accordance with Department circulars, as agreed with Unions and Management Bodies.
A new website, www.DVatWork.ie, has been developed by Women's Aid and funded by the Department of Children, Equality, Disability, Integration and Youth. The website provides free resources to support employers to implement the new leave entitlements and also a policy template with guidance notes, information sessions and an email support service. The website recommends to employers that, in order to effectively implement domestic violence leave, employers embed the domestic violence support measure within a wider organisational response to domestic abuse, outlined in a workplace domestic violence policy.
The introduction of a domestic violence policy in the Education sector is being considered by my Department and will include extensive consultation with the education partners.
My Department provides an Employee Assistance Service (EAS) as a supportive resource for school staff and provides advice on a range of issues including conflict and mediation. Where appropriate, short-term counselling is available to school employees and their family members. A dedicated Freephone confidential helpline is available 24 hours a day, 365 days a year.
