Michael Healy-Rae (Kerry, Independent)
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1436. To ask the Minister for Culture, Heritage and the Gaeltacht if she will address a matter regarding sick pay in the case of a person (details supplied); and if she will make a statement on the matter. [35860/18]

Josepha Madigan (Dublin Rathdown, 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 Public Service Sick Leave Scheme came into effect on 31 March 2014. The administrative arrangement for paid sick leave for civil servants is set out in the Department of Public Expenditure and Reform’s Circular 05/2018: Arrangements for Paid Sick Leave, which is available on DPER’s website www.circulars.gov.ie.The rationale for the Scheme is to provide support to public servants who became ill while at the same time reduce the very high and unsustainable cost of sick leave in the public service. Although the new Scheme did reduce access to sick pay overall, it retained the previous access to sick pay for those public servants who suffer from a critical illness or injury.

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 in the Public Service Management (Sick Leave) Regulations 2014 (S.I. No 124 of 2014).

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. In addition, there is provision for a longer period of sick leave to address a critical illness or serious physical injury under the Critical Illness Protocol (CIP). Under CIP, an individual 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. Under the protective year, if an individual returns to work following CIP, he or she may continue to avail of the 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 critical illness/injury.

If an individual has exhausted access to full or half pay they may access a further payment called Temporary Rehabilitation Remuneration (TRR) subject to certain conditions. It provides that where an individual has received 365 days’ paid sick leave in a rolling 4 year 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. The rate of TRR is based on pensionable service. Public servants who pay Class A PRSI may also receive Illness Benefit from the Department of Employment Affairs and Social Protection in addition to TRR.

While I have outlined the general provisions of the Sick Leave Scheme that relate to critical illness, it is the individual’s circumstances, including their sick leave record and the nature of the illness, that determines their access to sick leave. I am also advised that my officials have been in contact with the officer in question and have explained the sick leave regulations in depth.