Finian McGrath (Dublin Bay North, Independent)
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109. To ask the Minister for Public Expenditure and Reform his views on correspondence (details supplied) concerning the Civil Service and critical illness cover; and if he will make a statement on the matter. [5036/16]

Brendan Howlin (Wexford, Labour)
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As the Deputy is aware, that while I cannot comment on individual cases or circumstances, the following sets out the position in relation to the Public Service Sick Leave Scheme and the Critical Illness Protocol (CIP). The CIP is the basis for access to extended sick leave which provides substantial additional protection to individuals experiencing critical illnesses or serious injury.

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 a rolling 4 year period. This is the same as the access that existed under the previous sick leave schemes in place across much of the public service.

Under the "protective year", if an individual returns to work following CIP he or she may continue to avail of any remaining extended sick leave for subsequent illness or injury, critical or non-critical, which occur within 12 months of the first date of absence due to the critical illness/injury.

If sick leave at full pay and half pay is exhausted an individual may access Temporary Rehabilitation Remuneration (TRR) subject to certain conditions.  Regulation 16 provides that where an individual has received 365 days' paid sick leave in a 4 year rolling period, he or she may be paid TRR for a maximum of 365 days (1 year).

TRR may be paid for a further period of 730 days (2 years) where it is a direct continuation of an illness under the Critical Illness Protocol, and:

- a further period of sick leave is required to rehabilitate from the critical illness/injury;

- an occupational health physician certifies that there is a reasonable prospect of the individual returning to work and giving regular and effective service; and

- the decision to award the additional period of temporary rehabilitation remuneration is reviewed every 6 months.

The rate of payment of TRR is determined based on pensionable service. Public servants who pay Class A PRSI may also receive Illness Benefit from the Department of Social Protection in addition to TRR.

While I have outlined the general provisions of the  Sick Leave Scheme that relate to critical illnesses, it is the individual's circumstances, including their sick leave record and the nature of the illness, that are relevant in determining their access to sick leave.