Andrew Doyle (Wicklow, Fine Gael) | Oireachtas source

I thank the Senator for raising this matter and for the opportunity to address the issue of breastfeeding breaks for special needs assistants. In accordance with the Education Act, the terms and conditions of employment of SNAs employed in approved posts funded by moneys provided by the Oireachtas are determined by the Minister for Education and Skills, with the concurrence of the Minister for Public Expenditure and Reform. SNAs are recruited specifically to assist in the care of pupils with disabilities who have additional and significant care needs in an educational context. They may be appointed to a special school or a mainstream school to assist school authorities in making suitable provision for a pupil or pupils with special care needs. The first priority is that the care needs of the pupils are met on an ongoing basis during the school year.

Circular 0017/2013, published by the Department, deals with the maternity protection entitlements, including provision for breastfeeding, for SNAs in recognised primary and post-primary schools. Paragraph 14.1 of Circular 0017/2013 states:

Within a twenty six week period after the birth of the child, a special needs assistant who has returned to work is entitled to one hour per day for the purpose of breastfeeding. The time off, without loss of pay, may be taken as follows:

(a) one break of 60 minutes, or

(b) two breaks of 30 minutes each, or

(c) three breaks of 20 minutes each

The entitlements as contained in paragraph 14.1 of Circular 0017/2013 are in accordance with the Maternity Protection (Protection of Mothers who are Breastfeeding) Regulations 2004. Following consultation with school and staff representatives, the Department published Circular 0060/2018, which amended the entitlement to breastfeeding breaks for teachers so that the breaks could be taken for a two-year period after the birth of the child. The Department was contacted by representatives of SNAs following publication of this circular to request that a similar extension of breastfeeding breaks would be applied to SNAs. Initial consultation with stakeholders, including management bodies, has raised a number of issues which require further consideration. The primary concern is the provision of continued support to pupils with additional care and support requirements and the scheduling of any breaks must be cognisant of this overarching issue. Any changes to the current arrangement must take into account the requirement to fulfil the additional care needs of pupils without a break in provision. The extension of these provisions to SNAs is currently under consideration and will require further consultation with relevant stakeholders.