Sick Leave Scheme for Registered Teachers Employed in

Circular Letter 0013/2024

Sick Leave Scheme for Registered Teachers Employed

in Recognised Primary and Post Primary Schools

The Minister for Education, pursuant to the power contained in Section 24 of the

Education Act (as amended), directs employers to implement the regulations and

procedures, as stated in this Circular, for registered teachers employed in approved

teaching posts funded by monies provided by the Oireachtas.

All employers and teachers must adhere to the agreed terms and conditions as stated,

with effect from the date of this Circular.

This Circular supersedes all previous circulars, memoranda, rules and regulations in

relation to Sick Leave for teachers employed in recognised primary and post primary

schools.

Please ensure that the contents of this Circular are brought to the attention of all

members of the Board of Management/Education and Training Boards and all teachers

in your employment, including those on leave of absence.

All queries should initially be brought to the attention of the employer who may wish

to consult with their representative organisation. Any further queries may be directed

to the Department at the following email addresses: -

a) Queries on terms and conditions for Sick Leave:- te[email protected]

b) Queries on recording of leave on OLCS:- [email protected]

c) Queries on salary:- Payroll Query Form (education.gov.ie)

This Circular can be accessed on the Department’s website at: gov.ie.

James Walsh

Principal Officer

Teacher/SNA Terms and Conditions Section

01 February 2024

To: The Managerial Authorities of Recognised Primary, Secondary,

Community and Comprehensive Schools

And The Chief Executives of Education and Training Boards

 

     
Contents 
Definitions and Abbreviations ............................................................................................. 3 
General Provisions ............................................................................................................... 4 
 Sick Leave Scheme ................................................................................................... 6 
 Entitlement to Sick Leave ......................................................................................... 6 
 Occupational Health Strategy ................................................................................... 6 
 OHS Referral .............................................................................................................. 7 
 Notification and Recording of Sick Leave ............................................................... 8 
 Employment or Travel Abroad while on Sick Leave ............................................... 8 
 Sick Leave and Other Leave Types .......................................................................... 8 
  Self-Certified and Certified Sick Leave Requirements ........................................... 9 
 Ordinary Illness Provisions .................................................................................... 10 
 Critical Illness Provisions ....................................................................................... 10 
 Dual Look Back ........................................................................................................ 11 
 Temporary Rehabilitation Remuneration (TRR) .................................................... 13 
  Unpaid Sick Leave ................................................................................................... 14 
 Pregnancy-Related Sick Leave ............................................................................... 15 
  Reasonable Accommodation.................................................................................. 16 
 Partial Return to Work ............................................................................................. 16 
 Return to Work ......................................................................................................... 17 
 Salary Adjustment ................................................................................................... 18 
 Status during Sick Leave ........................................................................................ 18 
 Replacement Teacher .............................................................................................. 18 
 Pay Arrangements and Illness Benefit .................................................................. 18 
 Retirement on Ill Health Grounds ........................................................................... 19 
Appendix A – Employers Procedures Manual .................................................................. 20 
Appendix B – CIP Managerial Discretion Guidelines ....................................................... 40 
Appendix C – Dual Look Back Sample Calculations ....................................................... 45 
Appendix D – Pregnancy-Related Sick Leave (PRSL) Sample Calculation ................... 49 

Definitions and Abbreviations

For the purpose of this Circular, the following terms shall have the meanings assigned

to them, unless the context indicates otherwise:

DSP – means the Department of Social Protection.

Dual Look Back – means where, for the calculation of pay, a teacher’s sick leave

record is initially reviewed over a four year rolling period and then reviewed over a one

year rolling period.

Employer – means a Board of Management/Manager in the case of primary

(excluding community national schools), voluntary secondary, community and

comprehensive schools and an Education and Training Board (ETB) for vocational

schools/community colleges, community national schools. The Board of

Management/Manager or ETB may delegate as appropriate, responsibility for matters

set out in this Circular.

ETB – means an Education and Training Board established under, and governed

according to the Education and Training Boards Act 2013.

Occupational Health Service (OHS) – means the providers of independent medical

advice on occupational health for the employer.

On Line Claims System (OLCS) – means the system for recording of absences and

input of claims for the payment of substitute teachers which is currently operating in

primary, voluntary secondary, community and comprehensive schools.

Paymaster – means the organisation in charge of paying salaries. This is the

Department of Education in the case of primary (including community national schools),

voluntary secondary, community and comprehensive teachers, and the ETBs in the

case of vocational/community college teachers.

PRSI – means Pay Related Social Insurance.

Recognised School – means a school which is recognised by the Minister for

Education, in accordance with Section 10 of the Education Act 1998.

School Year – as defined by the Minister for Education from time to time currently

beginning on 1

September and ending on 31

August.

Teacher – means a person registered with the Teaching Council.

The Department – means The Department of Education.

Unapproved Leave (unpaid) – means leave taken by a teacher that has not been

approved by the employer.

General Provisions

1. Recording of Leave

1.1 All approved paid and unpaid leave, regardless of whether or not a substitute is

employed, must be recorded in a timely manner on the OLCS/relevant ETB system,

or where relevant, on the annual change of staff form, as failure to do so may lead

to salary overpayments.

1.2 Where an overpayment of salary arises, the overpayment will be recovered in full

from a teacher’s future salary payment, in line with the relevant Department

publications.

1.3 Where Department of Social Protection (DSP) Benefit is paid to a teacher availing

of statutory leave, the Benefit may be classed as a taxable source of income. In

this regard, it is the responsibility of the teacher to familiarise themselves with the

most up to date information on the DSP website at link: www.welfare.ie.

1.4 It is the ultimate responsibility of the teacher to be familiar with the terms and

conditions of each Leave Scheme, prior to their application for leave and to provide

accurate information in their leave application.

1.5 It is the responsibility of the employer to be familiar with the terms and conditions of

each Leave Scheme, and to ensure leave that is approved, meets the specific

eligibility criteria, as detailed in this Circular. It is also the employer’s responsibility

to ensure the approved leave recorded on the OLCS/relevant ETB system

corresponds with the teacher’s leave record.

1.6 Leave recorded on the OLCS/relevant ETB system may not be altered by the

Department/ETB at a later date, except in the most exceptional circumstances.

2. Monitoring of Leave

2.1 In line with best practice, the employer should monitor absences in order to identify

patterns which may be of concern for the purpose of supporting the wellbeing of the

teacher.

3. Leave Entitlements for Fixed Term/Fixed Purpose Appointments

3.1 A teacher’s entitlement to Sick Leave shall cease on the expiry of a contract and

that contract not having been renewed, unless that contract is followed directly by a

‘back to back’ contract in an approved teaching post funded by monies provided by

the Oireachtas.

4. Contact during Leave

4.1 It is considered good practice in maintaining a positive wellbeing culture in the

school, to have appropriate contact between the employer and the teacher during

periods of leave. The nature of this contact should focus on the welfare of the

teacher and the facilitation of a successful return to work.

4.2 Where appropriate, the employer and teacher should arrange a ‘return to work’

conversation on return to duty after a period of leave, to assist the teacher in their

transition back to work.

5. Compliance

5.1 Failure to comply with the regulations and procedures set out in this Circular may be

dealt with under the agreed disciplinary procedures and may lead to the cessation

of salary in the case of a teacher and/or withdrawal of substitute cover for schools.

5.2 In the case of an unapproved absence, the teacher should be informed that such an

absence will result in the employer, in the case of schools using the Department’s

OLCS, advising the Department to record their absence as Unapproved Leave

(unpaid) on the OLCS. In the case of ETB schools, the employer will record the

unapproved absence on the relevant ETB system.

6. Correspondence Address

6.1 The employer will address and send all necessary correspondence to the teacher at

the personal email/home address last notified. No fault shall lie with the employer in

the event that the teacher does not receive such correspondence.

7. Retention of Documentation

7.1 All documentation relating to teacher absences must be retained by the employer

with the relevant personnel records in a safe and secure manner and in line with the

employer’s data protection policy and data protection regulations. These records

may be selected for inspection by nominated Department officials.

1. Sick Leave Scheme

1.1 The Public Service Sick Leave Scheme, which applies to teachers, 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 and the Public Service

Management (Sick Leave) (Amendment) Regulations 2023, SI No. 407/2023.

2. Entitlement to Sick Leave

2.1 A period of illness is defined as any period in which a teacher is medically unfit to

carry out their full duties irrespective of whether the employing school is open or

not.

2.2 Sick Leave may be granted to a teacher who is unable to perform their duties

 because of illness, injury

 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.

2.3 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 they 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.

2.4 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

sharing), occurring within the period of absence.

3. Occupational Health Strategy

3.1 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 is comprised of the Employee Assistance Service

(EAS) and the Occupational Health Service (OHS).

3.2 The EAS called ‘Wellbeing Together: Folláinne Le Chéile’ provides advice to

teachers on a range of issues including wellbeing, legal, financial, bereavement,

conflict and mediation. The EAS also provides advice and support to managers

and delivers interventions to help them deal with health and wellbeing issues

in the workplace. Where appropriate, short-term counselling is available to a

teacher and their family members.

3.3 The dedicated EAS Freephone Helpline is 1800 411 057 and is available 24 hours

a day, 365 days a year.

3.4 The OHS is in place to provide employers with occupational health advice in

relation to teachers’ medical 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 of this Circular.

4. OHS Referral

4.1 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.

4.2 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. In the case of Critical Illness Provisions (CIP), the employer

should refer to the CIP Managerial Discretion Guidelines at Appendix B of this

Circular, before making a decision on a CIP application.

4.3 The employer must therefore refer the teacher to the OHS, for the purpose of an

independent medical assessment. This includes where: -

a) A teacher has been absent on Sick Leave for 4 weeks (28 days)

continuous or cumulative in a 12 month rolling period of service.

b) Reasonable concerns exist as to the capacity of the teacher to undertake

their duties in a manner that is safe such as repeated short-term Sick

Leave absences, concerns regarding performance of duties as a result of

health factors, work-related factors that may be adversely affecting a

teacher’s health or alcohol/drug related problems.

c) A teacher has made an application for extended Sick Leave under the

Critical Illness Provisions.

d) Reasonable Accommodation is under consideration.

e) Ill health retirement is under consideration.

f) A teacher is seeking the discounting of Sick Leave during a period of

school closure as referred to in paragraph 17.4

g) It is necessary to establish if the activity that the teacher has proposed to

engage in during Sick Leave is appropriate for their progress to recovery

as referred to in paragraph 6.1.

h) Assessment of medical fitness for work is required, following an absence

greater than 2 school years. The teacher must be certified medically fit prior

to return to work following such an absence.

i) Assessment of medical fitness for work is required where the teacher has

been on Sick Leave in excess of 4 weeks prior to commencing Career

Break. This is to determine whether or not they are eligible/fit to carry out

limited substitute work under the terms and conditions of the Career Break

Scheme.

j) Assessment of medical fitness for work is required where the teacher has

been on Sick Leave immediately prior to commencement of Carer’s Leave.

k) Maternity Health and Safety Leave is under consideration for a pregnant

teacher as referred to in paragraph 13 of the Maternity Leave Chapter.

l) Assessment of medical fitness for work is required when considering any

extension to Unpaid Sick Leave.

4.4 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.

5. Notification and Recording of Sick Leave

5.1 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.

5.2 Where a Job sharing teacher is absent on Sick Leave, the entire period, including

the days they are not scheduled to work, must be recorded on the OLCS/ETB

system.

5.3 The Sick Leave absence must be recorded in a timely manner by the employer

on the OLCS/relevant ETB system.

5.4 Where a school closure occurs during a period of Sick Leave, the employer must

ensure that the Sick Leave record includes the school closure period. Failure to

record Sick Leave accurately may result in an overpayment of salary.

5.5 Employers are required to have procedures in place to monitor and analyse

patterns of Sick Leave.

5.6 A detailed statement of all Sick Leave absences should be provided to each

teacher by the employer on request, and at least one report should be provided

annually. This information is available on the OLCS/relevant ETB system.

6. Employment or Travel Abroad while on Sick Leave

6.1 A teacher may not be employed, including carrying out substitution work, whilst on

Sick Leave. 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

obtained prior to the teacher engaging in any such activity. The employer must seek

the advice of the OHS before deciding on the matter.

7. Sick Leave and Other Leave Types

7.1 A teacher may not have access to two different types of leave at the same time. Where a

teacher is availing of statutory leave, in general, they will have no access to sick leave.

However, depending on the nature of the statutory leave it may be possible to postpone

or suspend the statutory leave (e.g. parental leave). Where a teacher is availing of

special leave (e.g. career break) there is no access to sick leave.

8. Self-Certified and Certified Sick Leave Requirements

8.1 Self-Certified Sick Leave

(a) The maximum number of self-certified Sick Leave days allowable in any

rolling period of 2 consecutive years of service, counting backwards from

the latest self-certified Sick Leave absence, is 7.

(b) Payment for self-certified Sick Leave may be modified or withdrawn,

following due process, in cases where absences are unduly frequent or the

maximum number of days is regularly approached or taken year after year.

after certified Sick Leave.

8.2 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

to be provided to the employer.

 Primary and ETB schools: In excess of 3 consecutive school days. If the sick

absence extends from Friday to Monday, inclusive, then a medical certificate

must be provided.

 Secondary, Community and Comprehensive schools: In excess of 4

consecutive school days.

(b) To be acceptable, a medical certificate must:

 be signed by a duly qualified medical practitioner registered with the

Irish/UK Medical Council/Dental Council of Ireland. In exceptional

circumstances, medical certificates may be accepted from overseas

medical practitioners, such as where a teacher becomes ill abroad or

is receiving a recognised medical treatment unavailable in Ireland. The

advice of the OHS must be sought in such circumstances.

 normally cover a period of no more than one week. However,

certification for periods of up to one month may be permitted at the

discretion of the employer.

 state fitness to work or otherwise.

8.3 It is not obligatory to state the nature of the illness on a medical certificate. However, it

would be of assistance if the medical practitioner provides the exact diagnosis so that in

the event of OHS Referral, OHS medical staff can then better decide whether a

telephone or face-to-face appointment is necessary. However, an employee cannot be

compelled to provide personal medical details.

8.4 Medical certificates must in all cases be provided to the Employer as soon as

possible, but not later than one week after the absence commences (other than in

exceptional circumstances).

8.5 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.

8.6 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.

9. Ordinary Illness Provisions

9.1 A teacher who is absent from duty because of personal illness or injury, may be

granted paid Sick Leave of:

 A maximum of 3 months (92 days) on full pay in a year

 Followed by a maximum of 3 months (91 days) on half pay

 Subject to a maximum of 6 months (183 days) paid Sick Leave in a rolling

4-year period.

10. Critical Illness Provisions

10.1 A teacher who becomes incapacitated as a result of a critical illness or serious

physical injury and has supporting medical evidence may, upon application, during

the period of absence to which the application relates, be granted Critical Illness

Provisions (CIP), in exceptional circumstances. The following limits will apply:

 A maximum of 6 months (183 days) on full pay in a year

 Followed by a maximum of 6 months (182 days) on half pay

 Subject to a maximum of 12 months (365 days) paid Sick Leave in a rolling

4-year period.

10.2 The granting of CIP is a decision made by the employer, having considered the

OHS medical advice.

10.3 The CIP Managerial Discretion Guidelines located at Appendix B provide

assistance to guide employers through the CIP protocol and the decision making

process.

10.4 Appropriate efforts should be made to accommodate a teacher at an early stage of

a Sick Leave absence to facilitate their return to work. See Reasonable

Accommodation.

10.5 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:

(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.

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.

10.6 If a teacher has an ordinary illness (an illness which is not regarded as a critical

illness or serious physical injury) within a 12-month period of the date of return to

work following the critical illness, the CIP will apply.

10.7 There will be no financial loss to a teacher in circumstances where they have 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 them 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.

10.8 A teacher should apply to their employer for CIP, at the time of their Sick Leave

absence.

11. Dual Look Back

11.1 The rate of pay for a current Sick Leave absence is 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 Leave is reviewed over the previous 4-year period, counting back

from the day preceding the first day of their current sick leave absence. Where

there is a break in service within the look back period of 6 months or longer and all

3 criteria below are satisfied, the look-back should be extended accordingly. The

break(s) in service must:

i. Be unpaid

ii. Not reckon for pensions

iii. Not accrue annual leave

It is important to note that if a break in service meets all these criteria, the entire

period will be included in the extension, not just the portion that is 6 months or longer.

All periods of full pay, half pay and TRR should be included in the look-back when

calculating an individual’s access to paid sick leave. Periods of nil pay should be

excluded from the look back.

If 6 months (183 days) paid Sick Leave has not been exhausted over the review

period determined above, access may be granted to paid Sick Leave. If 183 days

paid Sick Leave has been exhausted, the teacher will progress on to TRR (subject to

TRR eligibility criteria).

• Step 2: Determine whether full pay, half pay or TRR applies

If Step 1 indicates the teacher has access to paid Sick Leave, their Sick Leave record

is then reviewed over the previous rolling 12-month period, counting back from the

day preceding the first day of the current sick leave absence, to determine the rate at

which Sick Leave may be paid.

The paid Sick Leave entitlement is up to 92 days on full pay in a 12-month period,

followed by up to 91 days on half pay, subject to a maximum of 183 days paid Sick

Leave in a rolling 4-year period.

Critical Illness Provisions

• Step 1: Determine whether the teacher has access to paid Sick Leave

. The teacher’s Leave is reviewed over the previous 4-year period, counting back

from the day preceding the first day of their current sick leave absence. Where

there is a break in service within the look back period of 6 months or longer and all

3 criteria below are satisfied, the look-back should be extended accordingly. The

break(s) in service must:

i. Be unpaid

ii. Not reckon for pensions

iii. Not accrue annual leave

It is important to note that if a break in service meets all these criteria, the entire

period will be included in the extension, not just the portion that is 6 months or longer.

All periods of full pay, half pay and TRR should be included in the look-back when

calculating an individual’s access to paid sick leave. Periods of nil pay should be

excluded from the look back.

If 12 months (365 days) paid Sick Leave has not been exhausted over the review

period determined above, access may be granted to paid Sick Leave. If 365 days

paid Sick Leave has been exhausted, the teacher will progress on to TRR (subject

to TRR eligibility criteria).

• Step 2: Determine whether full pay, half pay or TRR applies

If Step 1 indicates the teacher has access to paid Sick Leave, their Sick Leave record

is then reviewed over the previous rolling 12-month period, counting back from the

day preceding the first day of their current absence, to determine the rate at which

Sick Leave may be paid.

The paid Sick Leave entitlement is up to 183 days on full pay in a 12-month period,

followed by up to 182 days on half pay, subject to a maximum of 365 days paid Sick

Leave in a rolling 4-year period.

11.2 The scenarios set out at Appendix C of this Circular illustrate how the dual look

back calculations operate.

12. Temporary Rehabilitation Remuneration (TRR)

12.1 TRR is a payment to support the rehabilitation of teachers who are absent on extended

sick leave and who have exceeded the threshold of 183 days under the Ordinary Illness

Provisions or 365 days under Critical Illness Provisions in a rolling 4-year period. Where

the relevant period of paid Sick Leave has been exhausted, the teacher may be granted

TRR subject to the following conditions:

 The teacher must have accrued two years’ aggregated service in the public

service. For those teachers with more than one period of employment in the

public sector, the service requirement can be satisfied by aggregating these

multiple employment periods, as long as there is no break in service of 26

weeks or more.

 There must be a reasonable prospect that the teacher will return to work and

deliver regular and effective service.

The rate of TRR is 37.5% of the remuneration that would otherwise accrue to the

person, were they not on sick leave.

For each new relevant absence on TRR, a 3-day wait will apply before payment

can be made. This 3-day wait restarts with each new absence and is not

cumulative. Saturdays, Sundays and days on which the school is closed are

included in the 3-day wait, as are days on which the teacher was due to be

present.

The 3-day wait does not apply in the following instances:

• Where the teacher transitions from full or half pay to TRR during an ongoing

absence, or

• Where the absence occurs under the provisions of the Critical Illness

Protocol (CIP).

The flat rate of 37.5% is inclusive of Illness Benefit (IB) that may be payable to an

individual. Where a teacher is eligible for IB, they must apply to the Department of

Social Protection with the appropriate documentation (See paragraph 21 for

additional information).

12.2 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, where appropriate and must inform the Paymaster.

Employers must ensure they act in accordance with the relevant employment

legislation.

12.3 TRR will not exceed 18 months (548 days) in a rolling 4 year period in the case of

ordinary illness counting back from the day preceding the first day of the teacher’s

current absence.

12.4 In the case of a teacher who has been granted extended sick pay under CIP, they

may have access to 12 months (365 days) TRR followed by a further period of

TRR not exceeding 24 months (730 days) in a rolling 4 year period. This further

TRR period is subject to 6 monthly reviews by the OHS.

12.5 The period during which TRR is paid is not a period of pensionable service.

12.6 Transitional arrangements valid for 5 years effective 4

September 2023.

Transitional arrangements will be in place for 5 years for teachers whose TRR rate

is calculated to be higher than the 37.5% TRR rate. This will apply as follows:

12.6.1 In the case of a member of a pre-existing Pension Scheme, the TRR will be

calculated based on:

 Pensionable pay, and

 Paid pensionable service accrued in the employment at the time paid Sick

Leave was exhausted, together with the added years which would be

awarded if ill health retirement were granted.

12.6.2 In the case of a member of the Single Public Service Pension Scheme, TRR

will be calculated based on:

 Referable amounts accrued in accordance with the provisions of the Single

Pension Scheme at the time paid Sick Leave was exhausted and

 The enhancement of benefits as provided for in regulations

12.7 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.

12.8 Teachers availing of TRR prior to 4

September 2023 will continue with the same

rate of TRR for that absence if it continues past 4

September 2023. The new rate

of TRR (37.5%) will apply in the event of a new absence.

13. Unpaid Sick Leave

13.1 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/ETB Scheme during this period.

13.2 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.

13.3 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 they have been medically certified fit by the OHS.

13.4 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.

14. Pregnancy-Related Sick Leave

14.1 Under the Public Service Management (Sick Leave) Regulation 19, a pregnant

teacher who is certified as medically unfit for work due to a pregnancy related

illness i.e. Pregnancy-Related Sick Leave (PRSL) prior to Maternity Leave, will

receive not less than half pay for the absence duration where they have exhausted

the Sick Leave limits.

14.2 Any extended period of Sick Leave at half pay, beyond the normal Sick Leave

limits, under this provision, will not be included in the Sick Leave count, to

establish future entitlement to paid Sick Leave.

14.3 Under the Public Service Management (Sick Leave) Regulation 20, a teacher may

have access to additional non-PRSL at half pay where they have: -

(a) a subsequent non-PRSL absence, following a period of PRSL in the previous 4

years and;

(b) exhausted their entitlement to paid Sick Leave, within the normal Sick Leave

limits, (PRSL and non-PRSL included).

14.4 The maximum number of additional days allowed at half pay for this subsequent non-

PRSL absence:

(a) will be equivalent to the number of PRSL days taken in the previous 4 years and;

(b) must not exceed normal Sick Leave limits (i.e.183 days for ordinary illness or

365 days for CIP) for non-PRSL, when counted with other non-PRSL in the previous 4

years.

14.5 Where a medical certificate states the Sick Leave absence is due to a pregnancy-

related illness; the employer must record the period on the OLCS/relevant ETB

system as a pregnancy related illness. For schools using the Department’s OLCS,

the approved absence is recorded under the OLCS leave category ‘Sick Leave’,

and then sub-category ‘Pregnancy Related Illness’.

14.6 The PRSL provision applies only to medically certified pregnancy related illness

occurring during pregnancy, and may only be availed of prior to the teacher’s

Maternity Leave commencement date.

14.7 The scenarios set out at Appendix D of this Circular illustrate how the PRSL

arrangements operate.

15. Reasonable Accommodation

15.1 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.

15.2 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):

• Making reasonable adjustments to the school building and/or working space

• Acquiring relevant equipment or modifying existing equipment

• Partial Return to Work

• Job Sharing – subject to the provisions of the Job-Sharing Scheme

16. Partial Return to Work

16.1 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 Partial Return to

Work (PRW) is not an automatic entitlement and is subject to the recommendation

of the OHS and the approval of the employer.

16.2 At the end of this period, it is expected that the teacher shall have reached

sufficient medical fitness to allow them to undertake full duties on a whole time

basis.

16.3 The employer should ensure all reasonable steps are taken to facilitate the PRW

arrangement. Non ETB Schools must notify the department by emailing

[email protected] providing the following details: the teacher’s name,

the school roll number and the agreed dates for PRW. ETB schools should record

the arrangement via the relevant ETB system.

16.4 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.

16.5 An early return to full duties from PRW may take place subject to OHS approval

and agreement with the employer on an agreed date. Non ETB schools should

notify [email protected] immediately if this occurs.

16.6 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.

16.7 The remaining days on which the teacher does not work during the PRW

(including weekends and other school closures) must be recorded as Sick Leave

and notified to the Department/ETB via the OLCS/relevant ETB 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 this Circular.

16.8 The employer has the right to withdraw approval of any PRW arrangement if it is

not operating in the best interests of the students/school. Non ETB schools should

notify [email protected] immediately if this occurs.

16.9 For the PRW period, the Paymaster will apply a salary deduction, equivalent to the

DSP Partial Capacity Benefit rate in respect of the days the teacher is not working.

A teacher must submit the letter received from DSP showing the rate which has

been awarded to them to [email protected] or to the relevant ETB

where they are employed in an ETB school. A teacher must have an open Illness

Benefit claim for a minimum of six months with DSP before they can apply for

Partial Capacity Benefit. Further details are available at www.welfare.ie.

16.10 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/relevant ETB system.

17. Return to Work

17.1 A teacher should be medically fit to resume full duties following a period of Sick

Leave.

17.2 A teacher intending to resume duty prior to the date specified on their medical

certificate, must provide a medical certificate of fitness from their 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.

17.3 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.

17.4 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;

• the teacher provides a medical certificate of fitness to resume full duties prior

to or during a period of school closure and

• the advice of the OHS as to the teacher’s fitness for full duties has been

obtained and whether the school closure period or any part thereof might be

discounted and

• the OHS has deemed the period of return to duty to be reasonable taking into

account the medical circumstances in individual cases.

18. Salary Adjustment

18.1 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.

18.2 Any action which necessitates an adjustment to a teacher’s salary should be

notified to the Paymaster immediately.

19. Status during Sick Leave

19.1 Absences on paid Sick Leave (full or half pay) are fully reckonable for all purposes

including seniority, determination of panel rights (in accordance with relevant

Department publications) and superannuation. Absences on TRR are not

reckonable for superannuation and increment purposes.

20. Replacement Teacher

20.1 The appointment of a replacement teacher is subject to the terms outlined in the

relevant Department Circulars. The appointment of a substitute teacher must be

recorded by the employer via the OLCS/relevant ETB system.

20.2 Where a replacement teacher is employed, they will not attain any seniority in the

school/ETB.

21. Pay Arrangements and Illness Benefit

21.1 From the 1st January 2024, a teacher with accumulated sick leave in excess of 5

days in a calendar year, may be entitled to claim Illness Benefit from the DSP. This

will increase to 7 days in 2025 and 10 days in 2026. For any subsequent

instance(s) of sick leave, a teacher absent on Sick Leave in excess of 3

consecutive days may be entitled to claim Illness Benefit from the DSP, depending

on their PRSI contributions.

21.2 For teachers employed in non-ETB schools, Class A PRSI contributors must submit the

DSP’s Illness/Injury Benefit Application Form (IB1) and Certificate of Incapacity for Work

(MED1) to the DSP, where the illness exceeds 3 consecutive days. The teacher must

provide their payment details on this DSP documentation. Illness Benefit payment will

issue directly from the DSP to the teacher. For further information, please refer to the

Department’s Information Note.

21.3 The Paymaster will apply a salary deduction, equivalent to their Illness Benefit rate

for the period of Sick Leave (this includes CIP, PRSL etc.). It is the responsibility of

the teacher to ensure they have claimed the Illness Benefit directly from DSP to

compensate for this deduction.

21.4 For teachers employed in ETB schools, the teacher should comply with the ETB’s

policy on claiming Illness Benefit.

21.5 Illness Benefit payment is a taxable income.

21.6 Where a teacher has a period of Sick Leave followed by another period, within 3 days of

the first absence, both periods of Sick Leave, excluding the intervening period will be

counted by the DSP for Illness Benefit payment. The Paymaster will apply a salary

deduction, equivalent to their Illness Benefit rate to reflect this same period.

21.7 Where Sick Leave is not recorded by the employer on the OLCS/ETB system, at

the time of the absence, the Paymaster will at a later date, apply a salary

deduction, equivalent to the teacher’s Illness Benefit rate. It is the responsibility of

the teacher to ensure they have claimed the Illness Benefit directly from DSP to

compensate for this deduction.

21.8 Further information on Illness Benefit is available on the DSP website at: www.welfare.ie.

22. Retirement on Ill Health Grounds

22.1 A teacher deemed medically unfit to continue duties on a permanent basis may be

entitled to certain pension benefits under their relevant pension scheme.

22.2 For teachers employed in primary, secondary, community and comprehensive

schools who are paid their salary through the Department’s payroll, information on

the process is available on the Department’s website. For teachers employed in

ETB schools information on the process is available from their ETB.

Page 1 of 20

Appendix A – Employers Procedures Manual

Employers Procedures Manual -

Occupational Health Service for

Teachers

February 2024

Page 2 of 20

CONTENTS

Purpose of the Employers Procedures Manual……………………………………………... 3

Definitions and Abbreviations………….……………………………………………………… 4

Chapter 1 – Occupational Health Strategy………………………………………………. 5

1. Occupational Health Service……………………………………………………………. 5

Chapter 2 – Medical Assessments………………………………………………………… 7

2.1 Pre-Employment Medical Assessments…………………………………………….... 7

2.2 Pre-Employment Medical Assessment Protocol………………………………………. 8

2.3 Employment Medical Assessments……………………………………………………..10

Chapter 3 – Critical Illness Provisions (CIP)………………………………………………12

3.1 Introduction………………………………………………………………………………. 12

3.2 CIP Protocol………………………………………………………………………………. 12

3.3 CIP Appeal………………………………………………………………………………... 15

Appendix 1 (Chapter 3): Medical Criteria for Granting of CIP……………………………... 17

Chapter 4 – Ill Health Retirement…………………………………………………………... 18

4.1 Ill Health Retirement…………………………………………………………………….... 18

4.2 Ill Health Retirement Appeal…………………………………………………………….... 20

Page 3 of 20

(Should be read in conjunction with the Sick Leave Scheme and Definitions and Abbreviations)

Purpose of the Employers Procedures Manual

1. The Employers Procedures Manual provides employers with information on

accessing the Occupational Health Service.

2. The Manual aims to help employers understand how professional

occupational health advice can support their management functions, the

procedures to be followed and how they can obtain medical advice which

meets their needs and those of their teachers.

3. Sick Leave entitlements are governed by: -

a. The Public Service Management (Sick Leave) Regulations 2014

(the

“Regulations”) and The Public Service Management (Sick Leave)

(Amendment) Regulations 2023, SI No. 407/2023

b. The relevant Sick Leave Scheme for teachers as detailed in the

Department’s publications.

S.I. No. 124/2014 - Public Service Management (Sick Leave) Regulations 2014. (irishstatutebook.ie)

Page 4 of 20

Definitions and Abbreviations

For the purpose of this Employers Procedures Manual, the following terms shall

have the meanings assigned to them here, unless the context indicates

otherwise.

Consultant – mean a medical Doctor who is on the relevant specialist register,

and holds a HSE/ Voluntary Hospital/NHS hospital consultant appointment or has

admission rights to a recognised private hospital.

Critical Illness Protocol – means the Critical Illness Protocol under the Public

Service Sick Leave Scheme which was developed and agreed following a Labour

Court Recommendation (LCR 20667). Special arrangements are available

where a teacher with serious illness or injury may benefit from extended paid

Sick Leave.

Critical Illness Provisions (CIP) – means extended paid Sick Leave that may

be granted under the Critical Illness Protocol.

Current or recent Clinical Care - means the teacher has received medical

investigations and treatment ordinarily under the direct care/supervision of a

Hospital Consultant. They may be either a hospital inpatient or outpatient. It

excludes referrals that in the opinion of the Occupational Health Physician are

primarily for report preparation purposes/medico-legal purposes.

Occupational Health Physician (OHP) – means a medical Doctor registered

with the Irish Medical Council who has a postgraduate qualification in

Occupational Medicine/Occupational Health, or who is on a specialist training

scheme in Occupational Medicine with experience in the practice of occupational

medicine.

Page 5 of 20

Chapter 1 – Occupational Health Strategy

An Occupational Health Strategy is in place as a supportive resource for

teachers, to promote their health in the workplace, with a focus primarily on

prevention rather than cure. The Occupational Health Strategy comprises the

Employee Assistance Service (EAS) and the Occupational Health Service (OHS).

1. Occupational Health Service

1.1 Employers have a responsibility 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

Employment Equality Acts also requires employers to take reasonable steps

to accommodate the needs of employees and prospective employees with

disabilities.

1.2 In order to discharge these statutory management responsibilities effectively

and efficiently, it is essential that employers have access to professional

occupational health advice on employees’ medical fitness for work. The

OHS is in place to assist employers in carrying out this duty.

1.3 The OHS Occupational Health Physicians offer a unique perspective,

insight and skill set that allows them to provide an appropriate assessment

and informed opinion with respect to a teacher’s medical fitness for work, as

distinct from an opinion on the nature and severity of their medical

complaint.

1.4 The OHS provides services that include pre-employment medical

assessments, medical assessments of fitness for work, sickness absence

management and ill health retirement assessments.

1.5 Where there is a difference of medical opinion between the OHS and the

treating Doctor/Consultant on a teacher’s medical fitness for work, the OHS

will consult with the treating Doctor/Consultant before providing final advice

to the employer. If there is a specific need for an independent medical

assessment, this can be facilitated through the OHS.

1.6 The OHS Occupational Health Physicians and the Occupational Health

Nurses are bound by professional requirements to maintain confidentiality

which is crucial in retaining the trust and confidence of the teacher. This

does not impact upon the quality of medical advice given to employers

whose concern is the teacher’s medical fitness for work and not the actual

diagnosis.

Page 6 of 20

1.7 The current OHS provider is Medmark Occupational Healthcare.

Contact Details

Medmark Occupational Healthcare

28 Penrose Wharf, Penrose Quay

Cork, T23FT96

Telephone helpline: 021-4550455 (open Monday to Friday, 9:00am-5:00pm,

with an out-of-hours answering system also available)

Email: [email protected]

Website: www.medmark.ie/teachersna/ or gov.ie and follow the link provided.

Page 7 of 20

Chapter 2 – Medical Assessments

2.1 Pre-Employment Medical Assessments

2.1.1 A candidate selected for appointment must be certified medically fit for

employment by the OHS prior to taking up the post. The employer must

inform the candidate that the employment offer is subject to them providing

a valid ‘Medical Fitness for Employment Assessment Report’ which certifies

fitness for employment.

2.1.2 A valid ‘Medical Fitness for Employment Assessment Report’ which certifies

fitness for employment is also required, prior to a teacher’s return to work

following a leave of absence or other break in service greater than 2 school

years.

2.1.3 Following a pre-employment medical assessment, a ‘Medical Fitness for

Employment Assessment Report’ is issued by the OHS to the candidate, in

a secure electronic format. The Report certifies whether the candidate is

medically fit/unfit or fit with Accommodations for employment. Where the

candidate is certified medically unfit for employment, the Report also issues

to the employer specified in the referral. The Report is valid for 2 calendar

years from the date of the OHS medical assessment. In presenting this

Report to an employer, the candidate is confirming, prior to taking up the

post, that there has been no change in their physical or mental health status

since the date of the OHS pre-employment medical assessment.

2.1.4 It is open to the employer to seek an updated ‘Medical Fitness for

Employment Assessment Report’ even where the existing Report has not

expired.

2.1.5 It is mandatory to complete an on-line Pre-Employment Medical

questionnaire, as part of the pre-employment medical assessment where a

candidate:

(i) is taking up employment for the first time as a teacher or

(ii) has been directed by the employer do so or

(iii) wishes to obtain a revised ‘Medical Fitness for Employment

Assessment Report’ e.g. where health status has changed.

2.1.6 The pre-employment medical assessment will enable the OHS to:

a) determine the medical fitness of the candidate to safely carry out to a

consistent standard, the duties of the intended position whilst

ensuring compliance with current Employment Equality legislation.

Page 8 of 20

b) screen for underlying medical conditions/disabilities in order to allow

employers to meet their responsibilities under Health and Safety, and

Equality legislation.

c) form the basis of an occupational health record to be held by the

OHS. This record may be referred to if the candidate is referred to

the OHS at a future date.

2.2 Pre-Employment Medical Assessment Protocol

2.2.1 The protocol detailed below must be followed for a pre-employment medical

assessment:

a) The employer directs the candidate to log onto

www.medmark.ie/teachersna/ to complete an online Pre-Employment

Medical questionnaire.

b) If the candidate has any specific queries relating to completion of the

questionnaire, they can be advised to send their query to

[email protected], or call the dedicated telephone advice

line for assistance.

c) Upon completion and online submission of the Pre-Employment

Medical Questionnaire, the successful receipt of the form is

acknowledged on the OHS web page.

d) In the event that the candidate does not have internet access, a

physical copy of the Pre-Employment Medical questionnaire may be

requested from the OHS. Upon completion, the questionnaire must be

returned by registered post to the address provided on the form.

e) The completed Pre-Employment Medical questionnaire is reviewed by

the OHS. This prompts one of the following actions:

i. A ‘Medical Fitness for Employment Assessment Report’ is issued

to the candidate certifying them as fit/unfit for employment. Where

the candidate is certified as medically unfit for employment, the

Report also issues to the employer specified in the referral or

ii. The OHS makes contact with the candidate to clarify disclosed

medical information. Once satisfactory medical clarification is

received, a ‘Medical Fitness for Employment Assessment Report’

is issued to the candidate (and the employer specified in the

referral, if the candidate is certified as medically unfit for

employment) or

Page 9 of 20

iii. The OHS requests the candidate to attend for a pre-employment

medical assessment. The decision to request that a candidate

attends, is discretionary and based on the evaluation of the Pre-

Employment Medical questionnaire. Once the pre-employment

medical assessment is complete, a ‘Medical Fitness for

Employment Assessment Report’ is issued to the candidate (and

the employer specified in the referral if the candidate is certified

as medically unfit for employment) or

iv. Where the candidate is certified medically fit for employment, the

‘Medical Fitness for Employment Assessment Report’ will state

whether there are reasonable accommodation requirements for

those with a particular disability. Employers should refer to the

Reasonable Accommodation paragraph in the Sick Leave

Scheme.

Page 10 of 20

2.3 Employment Medical Assessments

2.3.1 Referrals to the OHS

a) The employer must refer a teacher to the OHS for the purpose of an

independent medical assessment (see paragraph 4.3 of the Sick Leave

Circular).

2.3.2 Protocol for referrals to the OHS

a) The employer:

i. informs the teacher of the decision to refer them to the OHS and

outlines the reason(s) for this decision.

ii. informs the teacher that the OHS will correspond with them on

the basis of the referral by text message, telephone or e-mail.

iii. completes a secure online referral form through the dedicated

online portal by logging onto www.medmark.ie/teachersna/

iv. provides the teacher with a copy of the referral.

b) The OHS contacts the teacher by telephone to discuss their medical

complaint, current health status and work absence (where relevant).

Where the OHS is unable to contact the teacher, it will request the

assistance of the employer.

c) The outcome of the telephone call with the teacher is one of the

following:

i. The likely duration of absence is established and a date for the

teacher’s return to work is agreed. The employer is informed of

the return to work date and requested to re-refer the teacher if

the return to work has not taken place as agreed or

ii. If it is not possible to establish a return to work date, the OHS

schedules a telephonic review at an agreed interval or

iii. If appropriate, the teacher is offered an appointment with an OHP

in one of the regional centres.

d) If the teacher is offered an appointment with an OHP, the OHS provides

the employer with a date and time for an appointment. If this does not

suit, the employer contacts the OHS for a new appointment and reverts

to the teacher.

e) The employer is notified of the assessment outcome, followed by a

‘Fitness to Work’ report from the OHS. This Report will include relevant

details regarding medical fitness for work, likely timescale of return to

work and any accommodations/restrictions required. The employer

should provide the teacher with a copy of this Report.

f) If the teacher is deemed to be unfit for work at the time of the OHP

appointment, the employer is requested to refer the teacher for review

Page 11 of 20

after a period appropriate to the medical condition as determined by the

OHS.

2.3.3 Maternity Health and Safety Leave protocol and OHS assessment

a) The OHS must provide advice to an employer in advance of their

(employer’s) decision on a teacher’s Maternity Health and Safety Leave

application.

b) The employer must refer the teacher to the OHS by logging onto:

www.medmark.ie/teachersna/ and completing the Referral Form under

the "Other" category, citing Health and Safety Leave.

c) When the completed Referral Form has been received, the OHS will

request the employer to provide their completed: -

i. Pregnancy Risk Assessment for the teacher.

ii. “Certificate of Risk, Non-Feasibility of Providing Other Work and

Grant of Leave on Health and Safety Grounds”

d) The OHS reviews the information provided by the employer. The OHS

will complete the “Certificate of Risk, Non-Feasibility of Providing Other

Work and Grant of Leave on Health and Safety Grounds” to notify the

employer of their advice i.e. whether in their opinion, Maternity Health

and Safety Leave is appropriate or inappropriate.

Page 12 of 20

Chapter 3 – Critical Illness Provisions (CIP)

3.1 Introduction

3.1.1 A teacher who becomes incapacitated as a result of 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).

3.1.2 In determining whether a teacher may be considered for CIP, the teacher

should ordinarily be under the current or recent clinical care

of a Consultant

either as an inpatient or outpatient.

3.1.3 The granting of CIP is a decision made by the employer having considered

the OHS medical advice.

3.2 CIP Protocol

3.2.1 The protocol as detailed below must be followed:

a) The teacher must apply directly to their employer for CIP on the

“Employee Application for CIP” available at gov.ie.

b) Upon receipt of the completed “Employee Application for CIP”, the

employer must initiate a referral to the OHS by logging onto

www.medmark.ie/teachersna/ and completing the “Occupational

Health Referral” form. The employer should provide the teacher with a

copy of the referral.

c) The employer also downloads the “Report From Treating Consultant”

(Form No. MM180) which is provided to the teacher for completion by

their treating consultant. The MM180 form is available for download

from the online “Occupational Health Referral” form.

d) The employer must scan the teacher’s completed “Employee

Application for CIP” and attach it to the employer’s online

“Occupational Health Referral” form.

e) Upon submission of the “Occupational Health Referral” form, the

employer will receive a unique CIP Referral Number (from the OHS).

This number will be required by the employer when entering absences

on the OLCS/relevant ETB system. The Referral Number appears as

CIPR (example CIPR-OHM-087870) on the OLCS.

f) The teacher (or treating Consultant) must submit, within an

appropriate timeframe, the completed “Report From Treating

Consultant” directly to the OHS. This medical report does not need to

accompany the teacher’s CIP application.

Page 13 of 20

g) The CIP Referral Number (available from the employer) must be

furnished to the OHS with the Consultant’s medical report. It is the

responsibility of the employer to make the teacher aware of the

following in relation to this report:

i. The treating Consultant’s specialism must be appropriate to the

critical illness for which the teacher is making a claim.

ii. It is essential that the medical evidence submitted is

comprehensive and includes all relevant clinical details, as

requested.

iii. It must address diagnosis, treatment and prognosis and dates of

hospital admissions, where relevant.

iv. The cost of compilation of all such reports is the responsibility of

the teacher.

h) The CIP application cannot be processed until the “Occupational

Health Referral” form, the “Employee Application for CIP” and the

Consultant’s medical report are received by the OHS.

i) The OHS will consider the information provided by the treating

Consultant, and may confer with them if they feel this would be helpful.

It is not an absolute requirement that a definitive final diagnosis has

been made. The OHS may accept a presumptive diagnosis on a case

by case basis.

j) Upon examination of the “Occupational Health Referral” form and the

Consultant’s medical report, the OHS will advise the employer on a

“Medical CIP Report to Employer” if, in their opinion:

i. At the time of presentation with the particular illness the teacher

was medically fit/unfit to return to their current duties or modified

duties (where practicable) and

ii. They fulfil the medical criteria for the granting of CIP.

k) Where the OHS advises that the teacher’s medical condition fulfils the

medical criteria for CIP, the employer will be provided with a unique

CIP Recommendation Number (example CIPA-RTX-021128). This

CIPA number will also be required for employers entering absences on

the OLCS.

l) Where the OHS advises that the teacher’s medical condition does not

fulfil the medical criteria for CIP, the OHS will provide the teacher with

additional medical information on a “Medical CIP Report to Employee”.

Page 14 of 20

m) The teacher can if they so wish, provide this additional information to

the employer which may assist in its decision making on the CIP

application. The teacher is informed on this report that this additional

medical information must be provided to the employer within 10 days

of receipt of the report.

n) Having regard to the Managerial Discretion Guidelines, the employer

will make a decision on the CIP application and inform the teacher in

writing.

o) Where CIP is not granted on the basis of medical certification or

managerial discretion, the employer’s decision letter to the teacher will

include details of the appeals process set out at Section 3 of this

Chapter titled “CIP Appeal”.

p) The employer must record the teacher’s CIP referral and their decision

on the CIP application (including appeal, where relevant) on the

OLCS/ relevant ETB System.

Page 15 of 20

3.3 CIP Appeal

3.3.1 Appeal of the CIP Medical Decision

a) An independent registered specialist in occupational medicine

has been selected and approved by the OHS and the Chief

Medical Officer of the Civil Service, to provide a mechanism for

teachers who wish to appeal a critical illness medical decision.

b) A teacher may appeal the medical decision in accordance with

the following procedures:

i. The teacher must write to the employer within 30 days of

receipt of the employer’s original CIP decision, setting out

the grounds for appeal.

ii. The appeal must only be based on the medical information

presented to the OHS in the teacher’s original application. It

is not possible to submit new medical evidence at this point

of the CIP process.

iii. The medical decision can only be appealed in relation to the

medical criteria as detailed at Appendix 1 and only if the

teacher has been deemed medically unfit for work by the

OHS at the time of presentation with the particular illness.

iv. The employer will submit the teacher’s letter of appeal to

the OHS who will then refer the case to the independent

registered specialist in occupational medicine for review.

This appeal will ordinarily be a file only review.

v. The cost of the appeal assessment is set at €100 and will

be borne by the teacher who must include with their appeal

a postal order/bank draft or cheque for the full cost of the

assessment made payable to “Medmark Ltd. – CIP Appeal

Account”. If the appeal is successful, the cost of the

assessment will be refunded by the OHS. If a teacher would

prefer to pay by electronic transfer or cash, they should

contact Medmark directly for the most up to date details.

vi. The result of the medical assessment will be notified via a

report titled “CIP Appeal Outcome” to the employer for

action and the OHS for record purposes.

vii. The final decision on the appeal lies with the employer,

having considered the OHS medical advice.

Page 16 of 20

3.3.2 Appeal of the CIP Managerial Decision

a) The employer’s decision to refuse CIP based on discretion can be

appealed and the employer should inform the teacher about their

rights in this regard. If the employer’s decision is being appealed,

the Grievance Procedures for the relevant sector must be

followed.

Page 17 of 20

Appendix 1 (Chapter 3): Medical Criteria for Granting of CIP

The OHS will advise whether, in its opinion, the following medical criteria are met:

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:

(a) Acute life threatening physical illness

(b) Chronic progressive illness, with well-established potential to

reduce life expectancy

operative surgical treatment

(d) In-patient or day hospital care of ten consecutive days or

greater

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.

In the case of pregnancy related illness, the requirement for hospitalisation of ten consecutive

days will be reduced to two or more consecutive days of in-patient hospital /clinic care.

Page 18 of 20

Chapter 4 – Ill-Health Retirement

4.1. Ill-Health Retirement

4.1.1 The process for ill-health retirement (IHR) is outlined in the documents

available at 'Retirement on Medical Grounds'.

4.1.2 A teacher may decide to apply for ill-health retirement (IHR) pension

having developed a medical condition and formed the view that s/he is

incapacitated and that the medical infirmity is likely to be permanent.

4.1.3 Retirement of a pension scheme member on the grounds of ill-health has

significant implications for:

a) The individual in terms of: status; income, activity and social

interaction.

b) The employing organisation in terms of loss of: skills, experience,

costs of temporary support and recruitment.

c) The Occupational Pension Scheme.

4.1.4 Therefore recommendations for IHR:

a) Are not made lightly and only after full investigation and consideration.

b) Are only made after all opportunities to allow the scheme member to

recover and return to existing or other duties, including consideration

of all possible adjustments, have been fully explored and excluded.

c) Are not used as a means of solving management problems which

should be dealt with in accordance with appropriate management,

administrative or disciplinary procedures.

d) Are not made to accommodate a scheme member who for non-

medical reasons no longer wishes to remain in the current

employment.

4.1.5 For particular attention of Teachers and School Management

a) Where a scheme member applies for IHR pension benefit, the employer

should be alert to the implications of such an application.

b) Where the decision not to award IHR pension benefit is made by

Department/ETB, the scheme member should discuss the matter with

the employer. The decision on whether or not it is appropriate for the

scheme member to attend for work is a matter on which the employer

must engage with the OHS.

c) Where a scheme member is in receipt of IHR pension benefit, he/she

may not subsequently engage in employment in any school or college

funded directly or indirectly by the State.

d) The Department will inform the employer of the outcome of the

application, any appeal by the scheme member and the date of

retirement in respect of a successful application. In the case of ETBs,

the ETB will inform the scheme member of the outcome of the

application any subsequent appeal and the date of retirement in

respect of a successful application

Page 19 of 20

4.1.6 IHR Protocol

i. The teacher applies for early retirement on grounds of ill-health using a

TMED 1 form which is obtained from the Pensions Section of the

Department of Education, or the H.R. Department of the ETB.

ii. The teacher ensures that the completed TMED 1 form and detailed

medical reports from their treating consultant are submitted to the OHS

by e-mail or by post.

iii. The Pensions Section of the Department of Education, or the H.R.

Department of the ETB, notifies the OHS by e-mail or by post that they

have received the prescribed Ill Heath Retirement application form,

RET.D1.

iv. The OHS arranges the face to face appointment directly with the

teacher at the OHS centre most convenient to them.

v. Once the assessment is completed the recommendation is issued to

the Pensions section of the Department of Education, or to the HR

Department of the ETB, recommending their eligibility or ineligibility for

IHR. This recommendation does not contain any confidential medical

information.

vi. A detailed confidential medical report is kept on file by the OHS and

provided only to the teacher upon their request.

Page 20 of 20

4.2 Ill-Health Retirement Appeal

4.2.1 A teacher may appeal the decision to refuse the application for IHR pension

benefit in accordance with the established procedures outlined in the

documents available at: 'Retirement on Medical Grounds'.

4.2.2 The result of the appeal process does not interfere with the legal rights of the

scheme member in respect of Internal Disputes Resolution (IDR) or the Office

of the Pensions Ombudsman. Further information on the IDR process may be

viewed at Appendix A of the document available at the following link: Teachers

Ill-Health Retirement procedures

4.2.3 IHR Appeal Protocol

i. The teacher who wishes to appeal contacts the OHS by phone or by e-mail,

indicating their intention to appeal.

ii. The OHS advise them of the process and provide them with a list of appeal

physicians, who are independent registered specialists in Occupational

Medicine and approved by the CMO and the OHS provider.

iii. The teacher contacts the Pensions Section of the Department of Education,

or the H.R. Department of the ETB, indicating their intention to appeal and

specifying the appeal physician they have chosen.

iv. The Pensions Section of the Department of Education, or the H.R.

Department of the ETB, confirms to the OHS by e-mail the teacher’s

intention to appeal and the name of the chosen appeal physician.

v. The OHS forwards the original IHR application, along with the detailed

confidential medical report compiled after the initial IHR assessment, to the

appeal physician as indicated. The appeal is only based on the medical

information presented to the OHS in the original application and it is not

possible to submit new medical evidence at this point of the process.

vi. The appeal physician communicates the outcome directly to the Pensions

Section of the Department of Education, or the H.R. Department of the

ETB, and forwards a confidential medical report to the OHS.

vii. Following the IHR appeal assessment, the OHS refunds the cost of the

assessment to the teacher if the decision to award IHR is granted.

Page 1 of 5

Appendix B – CIP Managerial Discretion Guidelines

Critical Illness Provisions (CIP)

Managerial Discretion Guidelines

February 2024

Page 2 of 5

CIP Managerial Discretion Guidelines

1. The purpose of the Managerial Discretion Guidelines is to assist employers

in making a decision regarding the granting of CIP on the basis of

managerial discretion where “exceptional circumstances” exist.

2. The decision on whether any “exceptional circumstances” warrant CIP is a

matter to be determined by the employer after consideration of all the

relevant circumstances. The guidelines aim to assist employers in making a

fair and reasonable decision.

3. Circumstances for the granting of CIP

3.1 CIP for a critical, physical or psychiatric illness, serious injury or serious

medical condition may be granted in two circumstances:

 CIP on the basis of medical criteria

 CIP on the basis of managerial discretion

a) CIP on the basis of medical criteria

CIP on the basis of medical certification may be granted by the employer in

cases where the OHS has advised that the teacher is suffering from a

critical illness, serious injury or serious medical condition based on the

medical criteria detailed in the Sick Leave Scheme. While the decision to

grant CIP is still made by the employer, it is based upon the OHS Medical

CIP Report.

b) CIP on the basis of managerial discretion

There will be cases which involve serious illnesses, injuries or conditions,

but do not fall within the medical criteria for granting of CIP.

In such cases, employers have discretion as to whether to grant CIP

following an analysis of the information provided and the circumstances of

the case. This is to encompass cases that involve what would generally be

considered a significant illness, injury or condition but do not fulfil the

medical criteria. For example, a serious operation, with an extended

recovery time, which does not involve a hospital stay of the length required

under the medical criteria.

It is intended that the granting of CIP on the basis of managerial discretion

will only be warranted in serious and/or exceptional cases. The employer

can seek guidance from the OHS on medical issues within the boundaries

of medical confidentiality.

Page 3 of 5

4. What must the employer establish?

4.1 The “Regulations” provide that in order to grant CIP on the basis of

“exceptional circumstances” the following must be established by the

employer:

 That there are “exceptional circumstances”; and

 That those exceptional circumstances relate to the illness, injury or

condition of the teacher; and

 That those exceptional circumstances warrant the granting of CIP.

5. What should the employer consider?

5.1 The employer should consider the normal meaning of the word

“exceptional”, meaning “unusual” or “not typical”. It should be considered

whether the condition is a normal and typical illness, injury or condition or

whether it is an unusual and/or not typical illness, injury or condition

although not necessarily rare.

5.2 Three sources of Information

5.2.1 When determining if there are “exceptional circumstances” which would

warrant the granting of CIP on the basis of managerial discretion, the

employer should consider the following three sources of information during

the decision-making process.

(a) Medical CIP report

When making a decision on a teacher’s application for CIP, the employer

should consider the OHS “Medical CIP Report to Employer” which will

advise whether the teacher’s medical condition fulfils the medical criteria

for CIP.

If the illness, injury or condition does not meet the medical criteria for CIP

eligibility, the OHS will provide additional medical information to the

teacher which they are aware of and consider relevant. Examples include:

a) Standard recovery times for the condition where these exist having

regard to the nature of the work (e.g. elective surgical procedures);

b) Presence of additional medical conditions where relevant;

c) Presence of medical complications;

d) Any other information they consider relevant to assisting the employer

in making a decision to grant CIP under management discretion (e.g. a

hospital inpatient stay is close to the 10-day threshold).

This additional information can be provided by the teacher to the

employer, if they so wish, within 10 days of receipt of the ‘Medical CIP

Report to Employee’ which may assist the employer in making a decision

Employer’s Decision

Resources Information and

professional judgement

(a) Medical CIP report

(b) Relevant Information from

the teacher

Page 4 of 5

on the CIP application. The employer should therefore allow 10 days from

the date of receipt of the ‘Medical CIP Report’ for submission of the

additional information before making a decision on the teacher’s

application.

If the illness, injury or condition does not meet the medical criteria for CIP

eligibility, the employer should consider if this additional information

amounts to “exceptional circumstances” related to the relevant illness,

injury or condition of the teacher.

(b) Relevant Information from the teacher

The employer should consider whether further information may be

required and may wish to contact the teacher so they are aware of all of

the circumstances that may amount to any “exceptional circumstances”.

The employer should consider the following, having contacted the teacher:

a) Whether the medical criteria set out in the Sick Leave Scheme are

close to being met, or whether there are any other factors related to

the illness, injury or medical condition that should be viewed as

"exceptional";

b) The severity of the illness, injury or medical condition.

The employer should not consider the teacher’s financial position or their

performance at work.

The employer should consider any relevant HR information or other

sources of professional judgement. Examples include:

i. The length of any absence to date related to this illness, injury or

condition. It should be noted that this information cannot be used to

treat an application any less favourably;

ii. The approach taken by the employer in other cases and the need for

consistency of approach; and

iii. Whether granting or refusal of CIP would be reasonable, taking into

account any information provided that could be viewed as exceptional

circumstances.

The employer should ensure that there is no conflict of interest when

considering the CIP application. They should consider whether the teacher

is a close friend/relative or, alternatively, whether the teacher has raised a

grievance or some other form of complaint against them.

6. Inform the teacher of the decision

6.1 The employer should communicate their decision to the teacher in writing,

briefly summarising the matters that were considered. The employer’s

decision should demonstrate that all relevant information has been

considered and that they have not been influenced by irrelevant

information. If the employer’s decision is to refuse the teacher’s CIP

Page 5 of 5

application, the employer should inform the teacher about their right to

appeal.

6.2 More detailed information on the process for appeal of both the Medical

and Managerial decisions can be found at Chapter 3 (part 3.3 titled “CIP

Appeal”) of the Employers Procedures Manual.

Page 1 of 4

Appendix C – Dual Look Back Sample Calculations

Scenario 1 – Ordinary Illness with no extension to look back period

Mary’s Leave Record

Commencement

Date

End Date

No. of

Days

Leave Category

December 2018

4 days

Certified Illness Full Pay

January 2021

February 2021

44 days

Certified Illness Full Pay

March 2022

15 days

Certified Illness Full Pay

February 2023

April 2023

38 days

Certified Illness Full Pay

May 2023

June 2023

54 days

Certified Illness Full Pay

June 2023

7 days

Certified Illness Half Pay

Total Sick Leave

162 Days

Mary’s current Sick Leave absence is from 2

to 31

October 2023 (30 days).

 Step 1 - Four Year Look Back to establish Mary’s access to paid Sick Leave:

Prior to the start date of her current absence, Mary had 158 days Sick Leave in the

previous 4-year period (02/10/19-01/10/23).

1. Mary does not require the look-back period of 4 years to be extended as she

has only availed of Sick Leave in the previous 4-year period.

2. Mary has not yet reached the 183-day limit of paid Sick Leave, permitted under

the Sick Leave Scheme. She has access to paid Sick Leave for part of her

current absence, as she will reach the 183-day limit on 26

October 2023.

 Step 2 - One Year Look Back to establish Mary’s rate of Sick pay:

Prior to the start date of her current absence, Mary had 99 days Sick Leave in the

previous 12-month period (02/10/22-01/10/23) of which 92 days were on full pay.

Therefore, as Mary has reached the 92-day limit at full pay, permitted under the Sick

Leave Scheme, the rate of pay for her current Sick Leave absence, is as follows:

→ 2

to 26

October 2023: 25 days on Certified Illness Half Pay.

→ 27

to 31

October 2023: 5 days on TRR (subject to TRR eligibility criteria, as

detailed in the Sick Leave Scheme).

Page 2 of 4

Scenario 2 – Ordinary Illness with an extension to look-back period

Mary’s Leave Record

Commencement

Date

End Date

No. of

Days

Leave Category

December 2018

4 days

Certified Illness Full Pay

September 2019

August 2020

365 days

Career Break

January 2021

February 2021

44 days

Certified Illness Full Pay

March 2022

15 days

Certified Illness Full Pay

February 2023

April 2023

38 days

Certified Illness Full Pay

May 2023

June 2023

54 days

Certified Illness Full Pay

June 2023

7 days

Certified Illness Half Pay

Total Sick Leave

162 Days

Mary’s current Sick Leave absence is from 2

to 31

October 2023 (30 days).

 Step 1 - Four Year Look Back to establish Mary’s access to paid Sick Leave:

Prior to the start date of her current absence, Mary had 158 days Sick Leave and a

career break on record in the previous 4-year period (02/10/19-01/10/23).

1. Mary’s look-back period needs to be extended to account of the career break.

Her revised lookback period is (02/10/2018 – 01/10/2023).

2. As a result of the revised lookback period, Mary now has 162 days Sick Leave

in the rolling 4-year period.

3. Mary has not yet reached the 183-day limit of paid Sick Leave, permitted under

the Sick Leave Scheme. She has access to paid Sick Leave for part of her

current absence, as she will reach the 183-day limit on 22

October 2023.

 Step 2 - One Year Look Back to establish Mary’s rate of Sick pay:

Prior to the start date of her current absence, Mary had 99 days Sick Leave in the

previous 12-month period (02/10/22-01/10/23) of which 92 days were on full pay.

Therefore, as Mary has reached the 92-day limit at full pay, permitted under the Sick

Leave Scheme, the rate of pay for her current Sick Leave absence, is as follows:

→ 2

to 22

October 2023: 21 days on Certified Illness Half Pay.

→ 23

to 31

October 2023: 9 days on TRR (subject to TRR eligibility criteria, as

detailed in the Sick Leave Scheme).

Page 3 of 4

Scenario 3 – Critical Illness Provisions (CIP)

John’s Leave Record

Commencement

Date

End Date

No. of

Days

Leave Category

May 2019

June 2019

43 days

Certified Illness Full Pay

December 2019

15 days

Certified Illness Full Pay

March 2020

20 days

Certified Illness Full Pay

April 2021

June 2021

78 days

Certified Illness Full Pay

Total

156 Days

John’s current absence on certified Sick Leave is from 2

October 2022 to 26

May

2023 (237 days). John submits an application for CIP, which is approved by his

employer.

 Step 1 - Four Year Look Back to establish John’s access to paid Sick Leave:

1. John does not require the look-back period of 4 years to be extended as he has

only availed of Sick Leave in the previous 4-year period.

2. Prior to the start date of his current absence, John had 156 days Sick Leave

in the previous rolling 4-year period (02/10/18-01/10/22). John has not yet

reached the 365-day limit of paid Sick Leave, permitted under the Sick Leave

Scheme. He will reach the 365-day limit on 28

April 2023, so will have

access to paid Sick Leave for part of his current absence.

 Step 2 - One Year Look Back to establish John’s rate of Sick pay:

Prior to the start date of his current absence, John had zero days Sick Leave in the

previous 12-month period (02/10/21-01/10/22). Therefore, as John has not exceeded

the 183-day limit at full pay, permitted under the Sick Leave Scheme the rate of pay

for his current Sick Leave absence, is as follows:

→ 2

October 2022 to 2

April 2023: 183 days on Certified Critical Illness Full Pay

→ 3

April 2023 to 28

April 2023: 26 days on Certified Critical Illness Half Pay.

→ 29

April 2023 to 26

May 2023: 28 days on TRR (subject to TRR eligibility

criteria, as detailed in the Sick Leave Scheme).

Page 4 of 4

Scenario 4 – Temporary Rehabilitation Remuneration (TRR)

Kate’s Leave Record

Commencement

Date

End Date

No. of

Days

Leave Category

February 2023

May 2023

92 days

Certified Illness Full Pay

May 2023

August 2023

91 days

Certified Illness Half Pay

August 2023

September 2023

36 days

TRR

October 2023

2 days

Nil pay (3 day wait for

TRR applies)

December 2023

12 days

Nil pay for the first 3 days

and TRR from 11

December

Total in 4 year look

back

228

Days

(Note: Nil pay days not included in

lookback)

Kate’s current Sick Leave absence is on 17

May 2024 (1 day).

 Step 1 - Four Year Look Back to establish Kate’s access to paid Sick Leave:

Prior to the start date of her current absence, Kate had 233 days Sick Leave in the

previous 4-year period (17/05/20-16/05/24), 5 days of which were at nil pay and

therefore not included in the lookback.

1. Kate does not require the look-back period of 4 years to be extended as she has

only availed of Sick Leave in the previous 4-year period.

2. Kate has reached the 183-day limit of paid Sick Leave, permitted under the Sick

Leave Scheme. She has no access to paid Sick Leave for her current absence

so there is no need to proceed to Step 2 in this case.

Therefore, Kate’s current Sick Leave absence is categorised as follows:

→ 17

May 2024: Nil pay (3-day wait applies prior to TRR)

Page 1 of 2

Appendix D – Pregnancy-Related Sick Leave (PRSL) Sample Calculation

Under the Public Service Management (Sick Leave) Regulation 19: -

A pregnant teacher who is certified as medically unfit for work, due to

PRSL prior to Maternity Leave, will receive not less than half pay for the

duration of this absence, where they have exhausted the Sick Leave

limits.

Example - Ann’s Sick Leave Record

Commencement

Date

End Date

No.

Days

Sick Pay Category

March 2021

April 2021

Certified Illness Full Pay

April 2021

May 2021

Certified Illness Full Pay

October 2021

November

2021

Pregnancy Related Sick

Leave Full Pay

On 2

November 2021, Ann reached the 92-day limit of Sick Leave at full

pay in the previous 12-month period. She will progress onto half pay from 3

November 2021.

November 2021

February 2022

Pregnancy Related Sick

Leave Half Pay

On 1

February 2022, Ann has reached the 183-day limit of paid Sick Leave

in the previous rolling four-year period. However, as Ann is medically unfit for

work due to PRSL, she will receive half pay for the duration of her PRSL from

May to 21

June 2022.

May 2022

June 2022

Pregnancy Related Sick

Leave Half Pay

Total

206

Ann commenced Maternity Leave on 22

June 2022.

Under the Public Service Management (Sick Leave) Regulation 20: -

A teacher may have access to additional non-PRSL at half pay, where they have: -

a. a subsequent non-PRSL absence, following a period of PRSL in the previous

4 years and;

b. exhausted their entitlement to paid Sick Leave, within the normal Sick

Leave limits, (PRSL and non-PRSL included).

The maximum number of additional days allowed at half pay for this subsequent

non-PRSL absence:

(a) will be equivalent to the number of PRSL days taken in the previous 4 years

and;

Page 2 of 2

(b) must not exceed normal Sick Leave limits (i.e.183 days for ordinary illness or

365 days for CIP) for non-PRSL, when counted with other non-PRSL in the

previous 4 years.

Ann is currently absent on certified Sick Leave (non-PRSL) from 9

January to

March 2023 (75 days).

 Four Year Look Back to establish Ann’s access to paid Sick Leave:

Prior to the start date of Ann’s current absence, she had 206 days Sick Leave

(both PRSL and non-PRSL) in the previous 4-year period (09/01/19-08/01/23).

Ann has exceeded the 183-day limit of paid Sick Leave, permitted under the

Sick Leave Scheme. However, Ann is entitled to half pay for the equivalent

number of PRSL days taken in the previous 4-year period, subject to the overall

normal Sick Leave limits (i.e. 183 days for ordinary illness or 365 days for CIP).

In this example, the calculation for the four-year period 09/01/19-08/01/23, is as

follows: -

 Number of days Sick Leave (PRSL and non-PRSL): 206 days

Less

 Number of PRSL days: 144 days

 Total non-PRSL days: 62 days

Therefore, the rate of pay for Ann’s current Sick Leave absence, is as follows:

→ 9

January 2023 to 24

March 2023: 75 days on Certified Illness

(Regulation 20) Half Pay