Written answers

Tuesday, 31 March 2015

Department of Public Expenditure and Reform

Public Sector Staff Sick Leave

Photo of Shane RossShane Ross (Dublin South, Independent)
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287. To ask the Minister for Public Expenditure and Reform if he will consider reversal of SI 124 of 2014 on foot of the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 relating to sick leave arrangements being backdated; if he is aware of the detrimental effects this will have on those battling serious illnesses, including a person (details supplied); and if he will make a statement on the matter. [12847/15]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The reform of sick leave through the introduction of the scheme referred to in the Deputy's question was undertaken to reduce the unsustainble cost of sick leave in the public service.  It is not the case that the reform measures were 'backdated' as stated in the Deputy's question rather, the access to paid sick leave and the level at which sick leave is paid depends on an individual's previous sick leave record as was also the case for pre-existing schemes.  The removal of this condition, would have a very serious impact on the management of the cost of sick leave across the public service.    

It is, however, important to note that the revised sick leave scheme explicitly 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 a rolling 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 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, under the scheme HR Managers across the Public Service can use the discretionary provision to award extended sick pay in circumstances that a public servant encompassed by the scheme has had a serious illness or injury in the previous four years. 

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