Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

207. To ask the Minister for Education and Skills to review the case of a person (details supplied); and if she will make a statement on the matter. [67281/25]

Hildegarde Naughton (Galway West, Fine Gael)
Link to this: Individually | In context

I refer to your query on behalf of a Special Needs Assistant relating to Sick Leave, Health and Safety Leave and school closures and I wish to advise as follows:

Circular 14/2024 sets out the terms and conditions of the Sick Leave Scheme for special needs assistants. The following conditions are relevant having regard to the particular circumstances of this case:

1.1 The Public Service Sick Leave Scheme, which applies to SNAs, is regulated by the Public Service Management (Sick Leave) Regulations 2014, S.I. No. 124/2014, as amended by the Public Service Management (Sick Leave) (Amendment) Regulations 2015, S.I. No. 384/2015 and the Public Service Management (Sick Leave) (Amendment) Regulations 2023, S.I. No. 407/2023.

2.4 Sick Leave periods are calculated retrospectively and include weekends, school closures and days on which an SNA is not timetabled for attendance (e.g. job sharers), occurring within the period of absence.

4.2 The OHS provider, contracted by the department, is the sole recognised provider of independent medical advice for SNAs and employers. It is a requirement of the Sick Leave Scheme that all employers and SNAs abide by the OHS medical assessment.

4.3 The employer must therefore refer the SNA to the OHS, for the purpose of an independent medical assessment. This includes where: -

f) An SNA is seeking the discounting of Sick Leave during a period of school closure as referred to in paragraph 17.4.

17.4 Where an SNA is absent on Sick Leave and has not returned to duty for a reasonable period before and after a period of school closure, the SNA will be deemed to be on Sick Leave for the whole duration unless;

• the SNA provides a medical certificate of fitness to resume full duties prior to or during a period of school closure and

• the advice of the OHS as to the SNA’s fitness for full duties has been obtained and whether the school closure period or any part thereof might be discounted and the OHS has deemed the period of return to duty to be reasonable taking into account the medical circumstances in individual cases.

While the granting of leave to school staff is entirely a matter for the employer (school), according to the records held on the department's Online Claims System (OLCS), this SNA was on pregnancy related illness prior to and immediately after the 2025 Summer School Closure period. Therefore, there would have been an onus on the employer to refer the matter to the Occupational Health Service, currently provided by Medmark. As per the terms and conditions outlined above, it is a requirement of the Sick Leave Scheme that all employers and SNAs abide by the OHS medical assessment.

The Safety, Health, and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007) place an obligation on the employer, as soon as it is notified by the special needs assistant that she is pregnant, to assess any specific risk in the workplace to that special needs assistant and to ensure that the pregnant, post-natal, or breastfeeding special needs assistant is not exposed to any agents, processes or working conditions that will damage either the safety or health of the pregnant special needs assistant and/or that of the developing child.

In this case, as the SNA was on pregnancy related illness, the issue of Health and Safety Leave would not arise as she was not in attendance at work due to illness and therefore was not being exposed to any potential workplace risk. As the granting of leave is a matter for the employer, I cannot comment on why such leave was granted during a previous pregnancy nor would my department have access to any of the information relating to the prior application for Health and Safety leave.

Officials of my Department have also advised that they have been in contact with this lady on several occasions to outlined the circumstances of her particular case.

An overpayment occurred due to the keying of leave upon instruction from the employer. This overpayment deduction will appear on her payslip for the first time on Thursday. A letter issued to this lady detailing the overpayment and explaining that if there was no response in two weeks, it would begin to be deducted.

Illness Benefit deductions had to catch up to reflect the leave keyed for the summer, but the SNA in question should have received that money separately from the DSP.

I trust that the about outlines the position fully for the Deputy.