Written answers
Thursday, 23 May 2024
Department of Education and Skills
School Staff
Thomas Pringle (Donegal, Independent)
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195. To ask the Minister for Education and Skills the leave arrangements and other supports (therapeutic and financial) available to teachers and SNAs who are victims of violence within the workplace; and if she will make a statement on the matter. [23459/24]
Norma Foley (Kerry, Fianna Fail)
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The Leave of Absence following Assault Scheme, which is contained in the Department’s Circular Letter 0061/2017 for teachers and for SNAs, provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.
The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. Any subsequent absence will be dealt with under the Sick Leave scheme. When calculating a teacher’s/SNA's entitlement, any Assault Leave/Leave of Absence following Assault granted in the previous four years from the current absence will be taken into account in determining access to leave under this scheme.
A Leave of Absence following Assault ends on:
- The ceasing of the certification by a duly qualified medical practitioner of the physical injury; or
- the maximum leave limits available under this scheme being exhausted;
- or certification of fitness to return to duties.
Under the sick leave scheme, a teacher or SNA who is absent from duty because of personal illness or injury, may be granted paid Sick Leave under the ordinary illness provision.
Also under the sick leave scheme, a teacher or SNA who becomes incapacitated as a result of critical illness or serious physical injury and has supporting medical evidence may upon application, be granted CIP in exceptional circumstances as provided for in the Labour Court recommendation (LCR 20667). In determining whether a teacher or SNA may be considered for CIP, the teacher/SNA should ordinarily be under the current or recent clinical care of a Consultant either as an inpatient or outpatient. The granting of CIP is a decision made by the employer having considered the OHS medical advice.
The Employee Assistance Service (EAS) is in place to offer support to staff in recognised primary and post-primary schools. The EAS offers advice to employees on a range of issues including wellbeing, legal and financial issues. Further information on the EAS is available on gov.ie.”
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