Written answers

Wednesday, 1 December 2021

Department of Public Expenditure and Reform

Statutory Instruments

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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82. To ask the Minister for Public Expenditure and Reform the appeal process in regard to the application and implementation of the Sick Pay Policy S.I No. 124/2014 and SI 384/2015; and if he will make a statement on the matter. [59280/21]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The legal basis and Ministerial power for the making of regulations for public service sick leave is founded in the Public Service Management (Recruitment and Appointments) (Amendment) Act of 2013 (No. 47 of 2013).  

The responsibility for the application and implementation of those regulations, in this case S.I. No. 124/2014 - Public Service Management (Sick Leave) Regulations 2014 and SI 384/2015 Public Service Management (Sick Leave) (Amendment) Regulations 2015, lies with each public service sector employer.

S.I. No. 124/2014 - Public Service Management (Sick Leave) Regulations 2014

These Regulations set out in detail the terms of the sick leave scheme which apply across the Public Service. These Regulations also specify the sick leave remuneration limits in respect of illness or injury and critical illness or injury. Where access to paid sick leave has been exhausted, provision is made for temporary rehabilitation remuneration.

S.I. No. 384/2015 - Public Service Management (Sick Leave) (Amendment) Regulations 2015

These Regulations amend S.I. 124 of 2014 and provide for pregnancy-related sick leave for public servants covered by the Scheme.

My department supports this implementation across the public service by providing information and guidance to sectors on policy and regulatory issues that may arise.

There is no appeals process contained within the regulations.

There is an appeals process provided for in the relevant sectoral arrangements for the application of the Critical Illness Protocol (CIP). The granting of CIP is a decision of management having considered the occupational medical advice.

There are two avenues for appeal of the CIP:

1. The appeal of the management decision

2. The appeal of the occupational health physicians (OHP) advice as to whether the person met the medical criteria.

Any public servant can approach their employer in relation to their entitlements under the Public Service Sick Leave Scheme.

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