Pádraig O'Sullivan (Cork North-Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

280. To ask the Minister for Education and Skills if she will allow for an appeals process for applicants for assault leave; and if she will make a statement on the matter. [4183/25]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Leave of Absence following Assault Scheme, which is contained in the department’s Circular Letter 0061/2017 for teachers and Circular Letter 0062/2017 for SNAs, provides for special leave with pay (subject to specified limits) to a teacher/SNA 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.

As set out in the circulars, assault is defined as physical contact from a third party causing physical injury to a teacher/SNA in the course of their duties and during approved school activities. The third party can, for example be a student, a parent or a member of staff who causes a physical injury to the teacher as a result of physical contact.

The terms and conditions of the non-statutory Leave of Absence following Assault Scheme were agreed with all Education Partners and are in line with what is currently being applied across the Public Service. It is intended that the terms and conditions of the Scheme will be further discussed with all Education Partners in 2025.