Paschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy will be aware, I am not in a position to comment on the circumstances of individual cases, this would be a matter for the relevant employer.

Since the onset of the COVID-19 pandemic, Special Leave with Pay has been used in lieu of sick leave in the public service for self-isolation or a diagnosis of COVID-19 for public service employees. It has been clear over this period, through the “Guidance and FAQs for Public Service Employers during COVID-19” document, that Special Leave with Pay is a temporary measure that is kept under regular review. Changes have been made to the arrangements over the course of the last number of years in line with changes to public health, Government guidance and the general return to the workplace.

Special Leave with Pay for COVID-19 is not intended to replace sick leave in the Public Service, nor was it designed to address long COVID.

Special leave with pay currently applies for the duration of the HSE recommended ‘stay at home period’ following a positive COVID-19 test result. This applies for the duration in place at the time of the absence, which is currently 5 calendar days.

Following this, if a Public Service employee remains unwell, they may avail of the provisions of the Public Service sick leave scheme, which is a form of paid leave for the Public Service. The Public Service Sick Leave scheme provides for the payment of the following to staff during periods of absence from work due to illness or injury:

• A 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
• This is subject to an overall maximum of 183 days’ paid sick leave in a rolling four-year period.

There is potential for access to additional sick leave payment in certain circumstances, either in the form of Temporary Rehabilitation Remuneration or under the Critical Illness Protocol, both of which are subject to defined limits. In all cases, access to these additional supports will be determined by local management, taking into consideration individual circumstances and a medical assessment by the relevant Occupational Health physician.

Critical Illness Protocol (CIP) can provide for extended sick leave available up to a maximum of double of that available under normal sick leave conditions before Temporary Rehabilitation Remuneration (TRR) might be available. TRR may also be approved for an extended period of up 2 additional years reviewed at 6 monthly intervals.

All illnesses are treated equally under the Public Service Sick Leave Regulations and equity is a fundamental part of the Public Service Sick Leave Scheme.