Willie O'Dea (Limerick City, Fianna Fail)
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97. To ask the Minister for Public Expenditure and Reform further to Parliamentary Question No. 258 of 16 December 2014, if any provisions or exceptions will be provided to public service workers who were on long-term illness leave, more than a year prior to the new illness scheme being introduced, in view of the fact that the look-back period is four years, and as a result, these workers now have no entitlement to sickness allowance for the coming year; and if he will make a statement on the matter. [6547/15]

Brendan Howlin (Wexford, Labour)
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The Public Service Sick Leave Scheme provides substantial additional protection to individuals experiencing critical illnesses or serious injury through the Critical Illness Protocol (CIP), which provides the basis for access to extended sick leave.  Under the CIP, public servants who suffer from a critical illness or serious physical injury may have access to extended sick leave of 6 months on full pay in any 1 year period, followed by 6 months on half pay subject to a maximum of 12 months' paid sick leave in any 4 year period.

An illness or injury may be classified as critical depending on the severity of the illness or injury which is assessed against specific medical criteria that are set out in the Protocol.  In addition, there is a provision within the Protocol which means that the extended sick pay under CIP can be granted to staff at the discretion of HR Managers, even in circumstances where the strict medical criteria are not met. The granting of extended sick pay under the discretionary provisions is dealt with on a case by case basis and is dependent on all the circumstances of the case.

While it is not possible to determine definitively whether a past illness meets the strict medical criteria set out in the Protocol as it was not assessed under the CIP criteria at the time of the illness, HR Managers in the Civil Service and across the sectors can use the discretionary provision to award extended sick pay in circumstances where someone had a serious illness or injury in the previous four years.