Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank Senator Harmon for raising this important matter of leave of absence following assault for teachers and SNAs.

Where a teacher or an SNA is injured as a result of physical contact from a third party causing physical injury in the course of their duties, and during approved school activities, they may apply for leave under the leave of absence following assault scheme. The provisions of this scheme are contained in the Department's Circular 0061/17 for teachers and Circular 0062/17 for SNAs. It provides for special leave with pay, subject to specified limits, for teachers or SNAs who are unable to perform their duties due to a physical injury following physical contact from a third party which happened in the course of their duties or during approved school activities.

The leave available under the scheme for leave of absence following assault is three months, or 92 days, at full pay in a rolling four-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding three months, or 91 days, at full pay, subject to an overall limit of six months, or 183 days, at full pay in a rolling four-year period. A teacher or SNA who has exhausted the maximum period of paid leave under the scheme for leave of absence following assault and who is still medically unfit to resume duty may avail of sick leave under the sick leave scheme, subject to the normal rules of that scheme.

The Department of Public Expenditure, NDP Delivery and Reform determines the terms and conditions of the leave schemes for public servants, which include teachers and SNAs. In this regard, the leave limits noted in the assault leave circular for teachers and SNAs were agreed with the education partners, consisting of the relevant unions, school management bodies and the Department, in conjunction with the Department of Public Expenditure, NDP Delivery and Reform. It is intended that the terms and conditions of the scheme will be reviewed in consultation with the education partners in 2025.

The employee assistance service, which is currently provided by Spectrum.Life, is also available as a supportive resource for teachers and SNAs following physical injury. The freefone confidential helpline is available 24 hours a day, 365 days a year. Supportive resources may include up to six sessions of short-term counselling. If the EAS recommends additional short-term counselling sessions with the teacher, the Department can facilitate this request.

It should be noted that, in accordance with section 14 of the Education Act 1998, it is the duty of the patron to appoint, where practicable, a board of management. The board of management is the body of persons, or the person, appointed by the patron to manage the school on his or her behalf, including issues surrounding health and safety. While the Department of Education has statutory functions in the setting of terms and conditions for teachers and SNAs, the Department of Education is not the direct employer.