Sick Leave

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Definitions

For the purposes of this scheme the following terms shall have the meanings assigned to them here unless the context indicates otherwise:

Employer – means a Vocational Education Committee (VEC) for vocational schools/community colleges and a Board of Management/Manager in the case of primary, voluntary secondary, community and comprehensive schools. The Vocational Education Committee or Board of Management/Manager may delegate responsibility for matters set out in this circular to the Principal of the school.

Occupational Health Service (OHS) Providers – means the providers of independent medical advice on occupational health.

On Line Claims System (OLCS) – means the system currently operating in primary, voluntary secondary, community and comprehensive schools.

School Sector - means primary, voluntary secondary, community, comprehensive or vocational as appropriate.

School Year – as defined by the Minister for Education and Skills from time to time currently beginning on 1st September and ending on 31st August.

Teacher – means a person registered with the Teaching Council.

The Department – means The Department of Education and Skills.

1. Introduction

1.1 A period of illness is defined as any period in which a teacher is medically unfit to carry out his/her normal teaching duties irrespective of whether the employing school is open for normal business or not.

1.2 The granting of leave of absence to a teacher who is ill is intended to provide an adequate opportunity for that teacher to recover from the illness and its effects so that s/he may make an early return to duty without a likelihood of a relapse into illness.

1.3 Leave of absence may be granted to a teacher who is unable to perform his/her duties

• because of illness, injury or
• when absent for the purpose of obtaining health-related services (e.g. Doctor/Dentist) provided such appointments could not have been arranged outside of regular working hours or working days.

2. Entitlement to Paid and Unpaid Sick Leave

2.1 Incremental salary is normally payable to eligible teachers in respect of attendance on full teaching duties.

2.2 A teacher who is absent from duty because of personal illness, may retain eligibility for incremental salary in respect of a maximum of 365 days of absence in any period of four consecutive years of teaching service. The sick leave period is calculated retrospectively and includes weekends, school closures and days on which a teacher is not timetabled for attendance, occurring within the period of absence.

Special conditions apply for teachers with tuberculosis and these are set out at Appendix A of this circular.

The teacher’s entitlement to sick leave, whether paid or unpaid, shall cease on the expiry of the contract and that contract not having been renewed.

2.3 A teacher who, on having exhausted the maximum period of paid sick leave, is still medically unfit to resume duty and wishes to retain his/her position in the school/scheme must notify the employer of his/her intention to avail of a period of unpaid sick leave within which he/she may resume teaching if certified as fit to do so. This period shall not normally exceed 2 years from the date of expiration of paid sick leave. A teacher must exhaust his/her period of paid sick leave before he/she can apply for unpaid sick leave. The granting of a period of unpaid sick leave is subject to continued submission on a regular basis (max 3 months) of acceptable medical certification (see par 4.2) to the employer.

2.4 In exceptional circumstances a second period of unpaid leave may be taken where

• the first period of unpaid leave is less than 2 years and
• the advice of the Occupational Health Service has been obtained and
• the aggregate of both periods does not normally exceed the maximum of 2 years

2.5 Prior to the expiration of two years unpaid sick leave, employers must seek the advice of the Occupational Health Service on the teacher’s prospect of recovery and return to work. Where a return to duty is not deemed viable, the employer shall take such timely action as it deems appropriate including but not limited to termination of the contract of employment.

3. Uncertified sick leave

3.1 The maximum number of uncertified sick leave days allowable in a school year is 7.

3.2 The payment for uncertified sick leave may be modified or withdrawn, following due process, in cases where absences are unduly frequent or the maximum number of days is regularly approached or taken year after year.

3.3 A teacher shall not take a period of uncertified sick leave immediately after certified sick leave.

4. Certified sick leave

4.1 Where a teacher is absent on sick leave for more than the authorised number of days set out in Appendix B of this circular, a medical certificate is required to be forwarded to the employer.

Should a teacher fail to provide a medical certificate to the employer in respect of an absence on sick leave in accordance with the terms of this scheme, the employer should contact the teacher to advise that if s/he fails to submit the required medical certification, the employer, following due process, shall record the leave as a period of unapproved sick leave and payment to the teacher will be withdrawn pending a return to duty or compliance with the scheme and may be dealt with under the agreed disciplinary procedures.

4.2 To be acceptable, a medical certificate must

• state the nature of the illness,
• be signed by a duly qualified medical practitioner registered with the Irish Medical Council,
• cover a period of no more than one month.

4.3 Employers must safeguard the confidentiality of all information relating to the sick leave records of individual teachers and this applies in particular to medical certificates.

4.4 Where in exceptional circumstances a teacher does not wish to disclose the nature of his/her illness to the employer, the employer should seek the advice of the Occupational Health Service in this regard.

5. Notification of sick leave

5.1 Any teacher who is absent due to illness must notify, or make suitable arrangements to notify, the employer as early as possible on the first day of the absence. The teacher should, where possible, indicate the likely duration of the absence.

5.2 The employer shall submit notice of all sick leave absences to the Department (via the On Line Claims System)/VEC regardless of whether or not a substitute teacher was employed.

5.3 A teacher may request a detailed statement of absences owing to illness from their employer. This breakdown is available on the On Line Claims System.