Note: (This section should be read in conjunction with the General Provisions for All Schemes, and Definitions as laid out in Circular 0054/2019)
The Public Service Sick Leave Scheme, which applies to teachers, is regulated by the Public Service Management (Sick Leave) Regulations 2014, SI 124 of 2014, as amended by the Public Service Management (Sick Leave) (Amendment) Regulations 2015, SI 384 of 2015.
A period of illness is defined as any period in which a teacher is medically unfit to carry out his/her full duties irrespective of whether the employing school is open or not.
Sick Leave may be granted to a teacher who is unable to perform his/her duties because of illness, injury or, when absent for the purpose of obtaining medical related services (e.g. Doctor/Dentist) provided such appointments could not have been arranged outside of regular working hours or working days.
The granting of Sick Leave to a teacher who is ill is intended to provide an adequate opportunity for that teacher to recover from the illness and its effects so that he/she may make an early return to duty without a likelihood of a relapse into illness. A teacher should co-operate fully with all rehabilitative measures to facilitate an early return to work.
Sick Leave periods are calculated retrospectively and include weekends, school closures and days on which a teacher is not timetabled for attendance (e.g. job sharers), occurring within the period of absence.
It would be contrary to the express purpose of the Sick Leave Scheme, to engage in any activity (e.g. travel abroad, gainful employment or self-employment), which, in the opinion of the OHS, could be regarded as impeding that teacher’s progress to recovery. Therefore, approval of the employer must be sought prior to engaging in any such activity and the employer must seek the advice of the OHS before deciding on the matter.
Occupational Health Strategy
An Occupational Health Strategy is in place as a supportive resource for teachers. The aim of this strategy is to promote the health of teachers in the workplace, with a focus primarily on prevention rather than cure. The Occupational Health Strategy comprises the Employee Assistance & Wellbeing Programme (EAWP) and the Occupational Health Service (OHS).
The EAWP incorporates free confidential counselling on issues such as health, relationships, bereavement, stress, conflict, critical incident and trauma. In addition to counselling, other services include family life advice, specialist information and manager support.
The EAWP Freephone Helpline is 1800 411 057 and is available 24 hours a day, 365 days a year.
The OHS is in place to provide employers with occupational health advice in relation to teachers’ fitness for work. It incorporates pre-employment health assessments, sickness absence referrals, assessments of medical fitness for work and ill health retirement assessments.
(Information on accessing the services of the OHS is available in the Employers Procedures Manual which is located at Appendix A; Chapter 1 of Circular 0054/2109)
Referral of Teachers to the OHS
The employer has a duty under Section 8 of the Safety, Health and Welfare at Work Act 2005 to “ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees”. The OHS is in place to assist the employer in carrying out this duty.
The OHS provider, contracted by the Department, is the sole recognised provider of independent medical advice for teachers and employers. It is a requirement of the Sick Leave Scheme that all employers and teachers abide by the OHS medical assessment.
The employer must therefore refer the teacher to the OHS, for the purpose of an independent medical assessment. This includes where:-
The teacher is required to cooperate and engage with the OHS. While many assessments will not require attendance, it is a matter for the OHS to decide in what circumstances a teacher may be required to attend for medical assessment and/or arrange for the transmission to the OHS (by the teacher’s attending doctor) of a comprehensive Doctor to Doctor report.
Notification and Recording of Sick Leave
Any teacher who is absent due to illness must notify, or make suitable arrangements to notify, the employer as early as possible on the first day of the absence. The teacher should, where possible, indicate the likely duration of the absence.
Employers are required to have procedures in place to monitor and analyse patterns of Sick Leave.
A detailed statement of all Sick Leave absences should be supplied to each teacher by the employer on request and at least one report should be provided annually. This information is available on the OLCS.
Self-Certified and Certified Sick Leave requirements
Self-Certified Sick Leave
Certified Sick Leave
(a) Where a teacher is absent on continuous Sick Leave of more than the authorised number of days as set out below, a medical certificate is required.
Primary schools: Maximum of 3 consecutive school days.
(b) To be acceptable, a medical certificate must:
It is not obligatory to state the nature of the illness on a medical certificate.
Failure to adhere to the limit permitted for self-certified Sick Leave and failure to submit an acceptable medical certificate to the employer in the case of certified Sick Leave will result in the employer advising the teacher that their absence will be recorded by the Paymaster as a period of Unapproved Leave (unpaid). Repeated absences may then be dealt with by the employer under the agreed disciplinary procedures.
Employers must safeguard the confidentiality of all information relating to the Sick Leave records of individual teachers and this applies in particular to medical certificates.
Ordinary Illness Provisions
A teacher who is absent from duty because of personal illness or injury, may be granted paid Sick Leave of:
Critical Illness Provisions (CIP)
A teacher who becomes incapacitated as a result of a critical illness or serious physical injury and has supporting medical evidence may, upon application, be granted CIP, in exceptional circumstances as provided for in the Labour Court Recommendation (LCR 20667). The following limits will apply:
The granting of CIP is a decision made by the employer having considered the OHS medical advice.
The CIP Managerial Discretion Guidelines located at Appendix B provides assistance to guide employers through the CIP protocol and the decision making process.
Appropriate efforts should be made to accommodate teachers at an early stage of a Sick Leave absence to facilitate their return to work. (See Reasonable Accommodation Section Below)
The OHS will advise the employer whether, in its opinion, the following medical criteria are met by the teacher to be considered eligible for CIP:
1) The teacher 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:
If a teacher has an ordinary illness (an illness which is not regarded as a critical illness) within a 12 month period of the date of return to work following the critical illness, the CIP will apply.
There will be no financial loss to a teacher in circumstances where he/she has fully engaged with the process around the management of Sick Leave and where their own Consultant has certified fitness to return to work following critical illness, but the teacher has not been able to return to work because there is a delay in the employer referring him/her to the OHS, or a delay in being seen by the OHS. In such circumstances, pay will be restored and the leave record will be recorded appropriately by the Paymaster.
Temporary Rehabilitation Remuneration (TRR)
Where the relevant period of paid Sick Leave has been exhausted, a teacher:
TRR will be calculated:
The amount of TRR paid should not be taken as an accurate reflection of what the member may receive at retirement as the circumstances may be different.
The granting of TRR will be conditional at all times on the OHS confirming that there is a reasonable prospect of recovery and return to work. The OHS will indicate at the 28 day referral stage whether there is a reasonable prospect of a teacher’s recovery and return to work. Where the OHS advise that in their opinion there is no prospect of recovery and return to work, the employer should take such timely action as it deems appropriate including but not limited to termination of the contract of employment and must inform the Paymaster.
TRR will not exceed 18 months (548 days) in the case of ordinary illness.
In the case of a teacher who has been granted extended sick pay under CIP, he/she may have access to 12 months (365 days) TRR followed by a further period of TRR not exceeding 24 months (730 days). This further TRR period is subject to 6 monthly reviews by the OHS.
The period during which TRR is paid is not a period of pensionable service.
Unpaid Sick Leave
A teacher, who is certified medically unfit by the OHS to resume duty after all paid Sick Leave entitlements have been exhausted, must notify their employer in writing if they intend to avail of a period of unpaid Sick Leave and retain their position in the school during this period.
For those who do not qualify for TRR, the period of unpaid Sick Leave will not normally exceed the TRR limits as set out in the ‘Temporary Rehabilitation Remuneration (TRR)’ paragraph. In considering any extension to the Unpaid Sick Leave entitlements, employers must seek the advice of the OHS on the teacher’s prospect of recovery and return to work.
The granting of unpaid Sick Leave is conditional at all times on the OHS confirming that there is a reasonable prospect of recovery and return to work and the continued submission on a regular basis (maximum 3 months) of acceptable medical certification to the employer. A teacher on unpaid Sick Leave may return to work where he/she has been medically certified fit by the OHS.
Where the OHS has certified that the teacher is unfit to return to duty following unpaid Sick Leave, the employer may take such timely action as it deems appropriate including, but not limited to, termination of the contract of employment, where appropriate. Employers must ensure they act in accordance with the relevant employment legislation.
Pregnancy Related Illness Provisions
Where a teacher is medically unfit for work due to a pregnancy related illness she will not receive less than half pay for the duration of her Pregnancy-Related Sick Leave (PRSL), prior to commencement of Maternity Leave. This is regardless of whether she has reached the maximum limit for half pay due to prior Sick Leave.
The Sick Leave Regulations provide for ongoing arrangements whereby PRSL taken in the previous 4 years will be credited back at half pay, subject to the overall non-pregnancy related Sick Leave limits.
Employers, upon receipt of a medical certificate stating the illness to be pregnancy related, must notify the Department via the OLCS system as a “pregnancy related illness”. This arrangement applies only to illness occurring during pregnancy and before commencement of Maternity Leave.
(The scenarios set out at Appendix C; Chapter 1 of Circular 0054/2019 illustrate how the arrangements operate)
Dual Look Back
A teacher’s Sick Leave rate of pay will be calculated based on the following dual look back system:
Ordinary Illness
• Step 1 : Determine whether the teacher has access to paid Sick Leave
The teacher’s Sick Leave is reviewed over the 4 year period prior to the current date of absence. If 6 months (183 days) paid Sick Leave has not been exhausted over that 4 year period, access may be granted to paid Sick Leave.
• Step 2 : Determine whether full pay, half pay or TRR applies
If Step 1 indicates that the teacher has access to paid Sick Leave, his/her Sick Leave record is then reviewed over the 12 month period prior to the current date of absence to determine the rate at which Sick Leave may be paid. If the teacher has not exhausted their initial 3 months (92 days) limit at full pay, full pay may be awarded until the limit of 3 months (92 days) has been reached. Thereafter, the amount paid will be calculated based on half pay or TRR, as appropriate.
Critical Illness
• Step 1 : Determine whether the teacher has access to paid Sick Leave
The teacher’s Sick Leave is reviewed over the 4 year period prior to the current date of absence. If 12 months (365 days) paid Sick Leave has not been exhausted over that 4 year period, access may be granted to paid Sick Leave.
• Step 2 : Determine whether full pay, half pay or TRR applies
If Step 1 indicates that the teacher has access to paid Sick Leave, his/her Sick Leave record is then reviewed over the 12 month period prior to the current date of absence to determine the rate at which Sick Leave may be paid. If the teacher has not exhausted his/her initial 6 months (183 days) limit at full pay, then full pay may be awarded until the limit of 6 months (183 days) has been reached. Thereafter, the amount paid will be calculated based on half pay or TRR, as appropriate.
(The scenarios set out at Appendix D; Chapter 1 of Circular 0054/2019 illustrate how the dual look back arrangement operates)
Return to Work
A teacher should be medically fit to resume full duties following a period of Sick Leave.
A teacher intending to resume duty prior to the date specified on his/her medical certificate, must provide a medical certificate of fitness from his/her attending doctor before the date of resumption. In the absence of such a certificate, the full period recorded on the medical certificate(s) will be counted as Sick Leave. Certificates of fitness furnished at a later date will not be accepted as evidence of fitness for duty.
Confirmation of fitness must also be obtained by the employer from the OHS, prior to resumption of duties, in the case of a teacher who is
(i) absent on paid Sick Leave for 4 or more continuous weeks (or a shorter period where the employer has reasonable grounds for concern), or
(ii) absent for any period of TRR/unpaid Sick Leave.
Where a teacher is absent on Sick Leave and has not returned to duty for a reasonable period before and after a period of school closure, the teacher will be deemed to be on Sick Leave for the whole duration unless;
Reasonable Accommodation
The Employment Equality Acts require employers to take reasonable steps to accommodate the needs of employees and prospective employees with disabilities. Reasonable accommodation typically involves some modification to the tasks/structure of a job or workplace environment, which would enable such an employee to fully perform their work role and enjoy equal employment opportunities. An employer will make reasonable adjustments for teachers who have a disability, or who have acquired a disability, to have reasonable accommodation made to facilitate their return to work. However, employers are not obliged to provide special treatment or facilities if the cost of doing so is excessive or disproportionate.
The employer should explore in conjunction with the teacher and the OHS any appropriate enabling options, for example (these examples are not exhaustive):
Partial Return to Work (PRW)
This provision exists to facilitate a teacher recovering from an illness to transition back to full duties over an agreed limited period of time. Access to a PRW is not an automatic entitlement and is subject to the recommendation of the OHS and the approval of the employer.
At the end of this period, it is expected that the teacher shall have reached sufficient medical fitness to allow him/her to undertake full duties on a whole time basis.
The employer should ensure all reasonable steps are taken to facilitate the PRW arrangement. Decisions on PRW applications should be recorded by the employer.
The approved PRW arrangement will commence on an agreed date. The exact duration of a PRW arrangement will be based on the advice of the OHS and is permitted for a maximum period of one school term. PRW may commence at any time within a school term but shall not extend beyond the end of that term.
An early return to full duties from PRW may take place subject to OHS approval and agreement with the employer on an agreed date.
The teacher availing of the PRW must undertake to carry out their responsibilities in accordance with their contract for a minimum of 2 full school days every week. The teacher will be paid their full rate of pay for the days worked.
The remaining days on which the teacher does not work during the PRW (including weekends) must be recorded as Sick Leave and notified to the Department via the OLCS System. The OHS recommendation for PRW is sufficient evidence for the employer to record these Sick Leave absences. The appropriate rate of sick pay/TRR will be applied in accordance with the terms of the Sick Leave Scheme as outlined in Circular 0054/2019.
The employer has the right to withdraw approval of any PRW arrangement if it is not operating in the best interests of the pupils/school.
The employer may appoint a substitute teacher, paid by the Paymaster, to cover the days that the teacher, availing of the PRW arrangement, is absent on Sick Leave. This must be recorded by the employer via the OLCS system.
Salary Adjustment
In cases where, prior to resumption of duty, entitlement to incremental salary has been exhausted, salary will be restored only from the date that the OHS deems the teacher fit to resume full duties. This is also conditional on the teacher actually resuming duty on the first possible day following the OHS certification.
Any action which necessitates an adjustment to a teacher’s salary should be notified to the Paymaster immediately.
Status during Sick Leave
Absences on paid Sick Leave (full or half pay) are fully reckonable for all purposes including seniority and superannuation. Absences on TRR are not reckonable for superannuation and increment purposes.
Replacement Teacher
The appointment of a replacement teacher is subject to the terms outlined in the relevant Department publications. The appointment of a substitute teacher must be recorded by the employer via the OLCS system.
PRSI Arrangements
In the case of Class A PRSI contributors, the, IB1 and Med1 Social Welfare Certificates must be submitted by the teacher to the DEASP if an illness exceeds 6 consecutive days. This is required for compliance with PRSI regulations. Information Note.
Medical Fitness and Role of Teaching Council
Medical fitness for admission to, and removal or suspension from, the Register of Teachers is a matter for the Teaching Council.
Retirement on Ill Health Grounds
Where a teacher is deemed medically unfit to continue teaching and the condition is deemed likely to be permanent, the teacher may be entitled to certain pension benefits under the relevant pension scheme.
Information on the process may be accessed on the Department’s website.