Paul Donnelly
Ceist:280. Deputy Paul Donnelly asked the Minister for Education the reason a person (details supplied) was refused a payment. [22392/24]
Amharc ar fhreagraTuesday, 21 May 2024
Ceisteanna (280)
Freagraí scríofa
The terms and conditions for the Scheme for Leave of Absence following Assault are contained in my Department’s circular letters for teachers special needs assistants (SNAs):
www.gov.ie/pdf/?file=https://assets.gov.ie/12591/f6cbe8d1c76647eba5bc93602ee517e2.pdf#page=1
assets.gov.ie/12588/8cc8a7b60c584a00b4d50dc86875be96.pdf
They provide for special leave with pay (subject to specified limits) to a teacher or SNA 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.
Under the criteria set out in the Circular's, an application for a leave of absence following an assault must be completed by the teacher/SNA concerned and their employer and forwarded by the employer to the Department/ETB within a week of the incident occurring. This period may be extended in exceptional circumstances but applications must be forwarded within a reasonable period.
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 Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.
Please note that with reference to the case details provided, the teacher's application for Leave under the Scheme for Leave of Absence following Assault was not completed and forwarded to the Department within a reasonable period. As this application did not meet the terms and conditions of the Scheme for Leave of Absence following Assault, the teacher may avail of Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.