Sorca Clarke (Longford-Westmeath, Sinn Fein)
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166. To ask the Minister for Education and Skills if there are any supports in place that would help cover excessive medical expenses, in the case where a teacher has sustained a lifelong injury from an assault in the workplace; the type of supports that are in place for the teacher during the three, and in some cases six months under the leave of absence following assault scheme; the type of supports that are in place for the teacher after the three to six months are up; and if she will make a statement on the matter. [26156/24]

Norma Foley (Kerry, Fianna Fail)
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I refer to your recent correspondence to the Minister for Education, Ms. Norma Foley TD, in relation to supports for Teachers and Special Needs Assistants on foot of an assault in the course of their work.

In accordance with Section 14 of the Education Act 1998, it is the duty of the Patron to appoint, where practicable, a Board of Management. The Board of Management is the body of persons or the person appointed by the Patron to manage the school on his/her behalf, including issues surrounding health and safety.

While the Department of Education has statutory functions in the setting of terms and conditions for teachers and Special Needs Assistants, the Department of Education is not the employer.

The Department of Public Expenditure, NDP Delivery and Reform (DPENDR) determines the terms and conditions of Leave Schemes for Public Servants, which includes teachers and SNAs. In this regard, the limits imposed in the Assault Leave Circular for Teachers was agreed with Education Partners in conjunction with DPENDR.

The Leave of Absence following Assault Scheme is contained in the Department’s for teachers and for SNAs. It 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.

A Teacher/SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.

The , which is currently provided by Spectrum.Life, is available as a supportive resource for teachers and SNAs. The freephone confidential helpline is 1800 411 057 and is available 24 hours a day, 365 days a year. Supportive resources may include short term counselling (up to six sessions). If the EAS recommends additional short-term counselling sessions with the teacher or SNA, the Department can facilitate this request.