Catherine Murphy (Kildare North, Social Democrats)
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104. To ask the Minister for Public Expenditure and Reform the length of time antenatal leave or absence from work remains on a person's personnel record if she is employed within the public service and-or Civil Service; and if he will make a statement on the matter. [18611/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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This response sets out the position in relation to pregnancy related sick leave and antenatal leave.

The full terms of the Public Service Sick Leave Scheme are set out in Appendix A.

The need to protect women during pregnancy and ensure that they are not discriminated against is reflected in the design of the sick leave scheme. The following extra protections are given to a female worker in respect of pregnancy related illnesses:

(i) An employee who is absent for a pregnancy related illness will receive a minimum of half pay during the pregnancy related illness, regardless of whether she has exhausted her ordinary entitlement to paid sick leave. This means that a female employee will not be taken off pay while on pregnancy related sick leave.

(ii) Any pregnancy related sick leave taken at the half rate of pay will not be taken into account in calculating entitlement to ordinary sick leave after the pregnancy.

(iii) The Critical Illness Protocol, which allows for an extended paid sick leave provides specifically for pregnancy-related illness. Where a pregnancy related illness is serious it will be covered by the CIP. One of the criteria for awarding of CIP more generally is 10 consecutive days of hospitalisation, however, this requirement is reduced to 2 days for pregnancy related illness in accordance with Labour Court recommendation (ref: LCR 20667).

In these ways, the Public Service Management (Sick Leave) Regulations, S.I. 124 of 2014 recognise the distinct position of the pregnant worker and make provision for the protection of the health and welfare of such workers. The Regulations implement the principles of European law in relation to non-discrimination against pregnant workers.

The sick leave record of an individual needs to be kept for a minimum of four years as access to paid sick leave is determined on the basis of how much sick leave a person has taken over the previous four years.

Appendix A

Public Service Sick Leave Scheme

The new Public Service Sick Leave Scheme came into effect from 31st March 2014 for the generality of the Public Service.

The new provisions allow staff access to the following paid sick leave:

- maximum of 92 days on full pay in a rolling one year period;

- followed by a maximum of 91 days on half pay in a rolling one year period;

- subject to a maximum of 183 days paid sick leave in a rolling four year period.

Temporary Rehabilitation Remuneration

Temporary Rehabilitation Remuneration (TRR - previously Pension Rate of Pay) can be granted where an individual has exhausted the limits for sick pay provided there is a realistic prospect of that person returning to work. The maximum period for which TRR can be paid is 547 days under ordinary sick leave arrangements.

Critical Illness Protocol

In addition, in order to provide support for public service employees the new Critical Illness Protocol (CIP) was put in place as part the scheme. This allows an employee, who suffers a critical illness or serious physical injury, access to 12 months of paid sick leave on the same basis as the previous sick leave scheme (i.e. 183 days on full pay in a rolling one year period, followed by 182 days on half pay subject to a maximum of 365 days in a rolling four year period). In such cases TRR is for also available for 12 months with a further possibility of 2 years depending on the severity of the illness.

Catherine Murphy (Kildare North, Social Democrats)
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105. To ask the Minister for Public Expenditure and Reform his views on whether antenatal appointments should be categorised as certified sick leave or as standard sick leave in respect of persons employed in the public sector and-or Civil Service; and if he will make a statement on the matter. [18612/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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As Minister for Public Expenditure and Reform, I have overarching responsibility for the Public Service. However, the arrangements for antenatal appointments in sectors other than the Civil Service are a matter for the relevant Minister.

In the Civil Service, pregnant staff are entitled to such paid time off as is necessary for attendance at ante natal clinics. Such time off is not categorised as sick leave of any type.