Gerry Adams (Louth, Sinn Fein)
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276. To ask the Minister for Public Expenditure and Reform the reason stress is no longer classified as a critical illness for future sick pay arrangements for most persons but is still classified as a critical illness for sick pay arrangements for TDs and the Judiciary; and if he will make a statement on the matter. [25674/14]

Brendan Howlin (Wexford, Labour)
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Access to the Critical Illness Protocol operates on the basis of the severity of any specific medical condition rather than by classifying specific illnesses or injuries as critical illnesses.  Any condition sufficiently serious to meet the criteria set out in the Critical Illness Protocol may  be given access to extended sick pay arrangements.

The Public Service Management (Sick Leave) Regulations SI 124 of 2014 were signed by the Minister for Public Expenditure and Reform on 6 March 2014 and came into effect in the majority of Public Service organisations on 31 March 2014.  The Regulations will come into effect in the Education Sector on 1 September 2014.  The new Public Service Sick Leave Scheme as set out in the Regulations allows staff access to paid sick leave for a maximum of six months in a rolling four year period, comprising of three months on full pay, followed by three months on half pay in a rolling one year period. The Scheme also allows for the granting of Temporary Rehabilitation Remuneration (previously pension rate of pay).  This payment may be paid for up to a maximum period of 18 months generally and only on the basis of a reasonable prospect of return to work by the staff member. It will be calculated on the basis of what an individual would be entitled to if they were to be paid an ill health pension at that time.

The Critical Illness Protocol is a new element of the sick leave scheme in the public service which provides the basis for access to extended sick leave with pay.  There was no provision for critical illness under the previous public service sick leave scheme and no illness was classified as critical, in respect of determining access to paid sick leave, before the introduction of the new scheme. In assessing whether an illness or injury may qualify for extended sick pay under the Critical Illness Protocol the Employer's Occupational Health Physician will determine, on a case by case basis, whether an employee meets the relevant criteria as follows:

1. The employee 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:

- Acute life threatening physical illness

- Chronic progressive illness, with well-established potential to reduce life expectancy (in circumstances where there is no medical intervention)

- Major physical trauma ordinarily requiring corrective acute operative surgical treatment

- In-patient hospital care of two consecutive weeks or greater. In the case of pregnancy-related or assisted pregnancy-related illness, the requirement for hospitalisation of two consecutive weeks will be reduced to two or more consecutive days of in-patient hospital / clinic care.

The HR Manager makes a decision on whether to grant critical illness provisions based on the advice of the Occupational Health Physician. In the event that a staff member is assessed as meeting the critical illness or serious physical injury criteria they will be allowed access to extended paid sick leave of up to six months on full pay, followed by six months on half pay in a rolling one year period, subject to a maximum of 12 months over a rolling four year period.

Members of the Oireachtas and the Judiciary are not included in public service sick leave schemes.