Seán Fleming (Laois, Fianna Fail)
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289. To ask the Minister for Public Expenditure and Reform the detail of the rules that came into effect regarding the change in the number of months a public servant can take by way of sick leave which was reduced from six months' full pay to three months and full pay; when the cumulative clock begins counting if sick leave taken prior to the commencement of the new rules in which the full three months or close to the three months has already been taken by a public servant; and the way in which this will impact on future sick leave (details supplied); and if he will make a statement on the matter. [46215/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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As you are aware, the new Sick Leave Scheme was introduced following the enactment of the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 [] by the Oireachtas to reduce the very high and unsustainable cost of sick leave in the public service.

Under the scheme, sick leave is paid at full pay for three months (i.e. 92 days) and at half pay for three months (i.e. 91 days) annually, subject to an overall limit of 6 months’ (i.e. 183 days) paid sick leave (at either full or half pay) in any four year period. Effectively the new Scheme halved the maximum entitlement to paid sick leave previously available, other than in the case of serious illness or injury.

In a situation where sick leave was taken prior to the introduction of the new Scheme it is taken into account in the following way:

Where an individual is out on sick leave their record over the previous four years is examined to determine if they have access to paid sick leave. This process is known as the ‘look back’ and is set out in the Public Service Management (Sick Leave) Regulations 2014 (S.I. No. 124 of 2014) []. Where they do have access to paid sick leave, their record over the last twelve months is examined to determine whether they can receive sick pay at the full or half rate of pay.  Or where an individual has exhausted access to full or half pay they may have access to a further form payment called Temporary Rehabilitation Remuneration (TRR).

This look back over an individual’s sick leave record is not a new concept.  It was in place in relation to the calculation of sick leave pay in the old sick leave scheme and has continued under the current scheme. Any sick leave that occurred before the introduction of the new Scheme is taken into account in calculating access to paid sick leave.

The rationale for this was to ensure that the situation did not arise where every public servant’s sick leave record would be wiped clean on day one of the new Scheme. This would mean that individuals would have access to even greater levels of paid sick leave than they had before the new scheme was introduced.  Public servants with a high rate of absenteeism would go back to having access to the full allowance of paid sick leave. This issue was considered and supported by the Labour Court in its Recommendation on sick pay in the public service (LCR20335 July 2012) on the basis that this approach would be substantially cost-increasing.

Seán Fleming (Laois, Fianna Fail)
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290. To ask the Minister for Public Expenditure and Reform the leave arrangements in circumstances in which a person is out due to serious sick leave in the public service (details supplied); the way these matters are dealt with at an operational level; and if he will make a statement on the matter. [46217/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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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 provisions for serious illness. The Critical Illness Protocol (CIP) is the basis for access to extended sick leave which provides substantial additional protection to employees experiencing critical illnesses or serious injury.

Where an employee is given access to the critical illness provisions the Scheme provides for:

- Up to 365 days' paid sick leave in a four year period (comprising 183 days or 6 months on full pay in a one year period, followed by 182 days, a further 6 months, on half pay).  This is the same as the access that existed under the previous sick leave schemes in place across much of the public service.

- Under a protective year provision, an employee who has taken sick leave because of a critical illness or injury will continue to have access to the extended sick pay limits for 12 months following the first day of the critical illness.

- An extended period of temporary rehabilitation remuneration (TRR) of up to 730 days (2 years) may be paid where it is a direct continuation of an illness under the CIP 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 employee returning to work and giving regular and effective service; and

- The decision to award the additional period of TRR is reviewed every 6 months.

An application under the CIP must be made by the Public Servant or on their behalf.  The application is then assessed under certain criteria. These are set out in the CIP, available on the website of the Department of Public Expenditure and Reform . These are:

- The employee should be under the current or recent care of a consultant;

- The treating doctor’s medical reports must be furnished;

- The case must be referred by the employer to its Occupational Health Service who will advise whether, in their opinion, the following criteria are met:

- The employee is medically unfit to return to his/her current duties or (where practicable) modified duties in the same pay grade;

- The nature of this medical condition has at least one of the following characteristics;

1. Acute life threatening physical illness

2. Chronic progressive illness, with well-established potential to reduce life expectancy

3. Major physical trauma ordinarily requiring corrective acute operative surgical treatment

4. In-patient hospital care of two consecutive weeks or greater

Where an employee does not meet the medical criteria outlined above, management may still make a decision, in consultation with the Occupational Physician, to award extended sick pay in exceptional circumstances.

There are also provisions for the appeal of either the decision of the occupational health physician or that of management.

While I have outlined the general provisions of the Sick Leave Scheme that relate to critical illnesses, it is the severity of the employee's condition that is relevant in determining their access to paid sick leave.