Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 415: To ask the Minister for Education and Science the requirements for the payment of substitute teachers which apply in the case of teachers on study leave; the provisions of the casual and non casual contracts under which substitutes are paid; if she will confirm that substitutes are paid for public holidays; and if she will make a statement on the matter. [26770/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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There are two types of study leave which teachers may avail of. Unpaid study leave allows a teacher to take a short time off without pay to study, usually before examinations, and the managerial authority of the school may employ a temporary teacher to cover the absence. The normal employment requirements apply in that schools must endeavour to employ qualified replacement teachers.

The second type of study leave is referred to as leave under the terms of Rule 116. In these cases a teacher undertakes paid full time attendance at an approved course of study which is demonstrably relevant to teaching in the primary sector. The arrangement that applies in such cases is the Board of Management must employ a qualified substitute teacher for the duration of the period of absence to attend the course. The teacher on leave under the terms of Rule 116 continues to be paid salary and retains pension entitlement, and he/she becomes the replacement teacher's employer for payment purposes for the period in question. The teacher on the approved leave under Rule 116 must pay the replacement teacher the appropriate rate of pay in accordance with the terms of the Protection of Employees (Part-Time Work) Act 2001. A teacher on paid study leave employing a replacement teacher should familiarise themselves with the Circular Letters dealing with the Part-Time Act legislation issued by my Department. Circular Pay 28/04 sets out the arrangements for the payment of substitute teachers employed by Boards of Management with effect from 1 January, 2005. This Circular Letter and the salary rates payable to casual and non casual teachers may be obtained from my Department's website — www.education.gov.ie / education personnel/payroll division.

Casual contracts of employment are offered where a substitute teacher is required to cover short absences of a permanent teacher or absences where it is not possible to determine the length of time a teacher may be absent. For example, a casual contract will be offered to cover a sick leave absence, even though the absence may be extended on a weekly basis.

Non-casual contracts are offered to a substitute teacher in cases where a teacher will be absent for a known fixed length of time, e.g. maternity leave, parental leave, carers leave or adoptive leave.

Teachers employed in a casual/non casual basis may be paid for Public Holidays if they fulfil the requirements under the Organisation of Working Time Act 1997. Under the Act, part-time employees must have worked a total of 40 hours over a five-week period ending immediately before the public holiday to qualify for payment.