Sick Leave 2
Page 1 | Page 2 | Appendices6. Resumption of duty following paid/unpaid sick leave
6.1 It is expected that a teacher would be medically fit to teach before duty is resumed after a period of absence owing to illness so that a resumption of duty would not induce a relapse into illness.
6.2 The employer has a duty under Section 8 of the Safety, Health and Welfare at Work Act 2005 to “ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees”. The Occupational Health Service is in place to assist the employer in carrying out this duty. The employer may therefore refer a teacher to the Occupational Health Service, for the purpose of an independent medical assessment, where reasonable concerns exist as to the capacity of the teacher to undertake his/her duties in a manner that is safe for both the teacher and students.
6.3 The employer, in making a referral to the Occupational Health Service, should follow the Standard Operating Procedures manual attached to the Occupational Health Service Guide for employers.
6.4 The teacher shall be required to cooperate with the Occupational Health Service for the purpose of providing appropriate advice to the employer. Cooperation may involve the teacher attending in person for a medical examination (arranged by the Occupational Health Service) and/or arranging for the transmission to the Occupational Health Service (by the teacher’s attending doctor) of a comprehensive doctor-to-doctor report.
6.5 It is a matter for the Occupational Health Service to decide in what circumstances a teacher may be required to attend for medical assessment. Failure, without reasonable cause, of a teacher to cooperate with the Occupational Health Service on the basis of a referral by the employer may following due process, result in cessation/withholding of salary and may be dealt with under the agreed disciplinary procedures.
6.6 A teacher intending to resume duty prior to the date specified on her/his medical certificate, must provide a medical certificate of fitness from his/her attending doctor before the date of resumption. In the absence of such a certificate, the full period as recorded on the medical certificate(s) of illness will be counted as sick leave. Certificates of fitness furnished at a later date will not be accepted as evidence of fitness for duty.
6.7 A teacher may resume duty following a period of paid sick leave of 3 or more consecutive months, or at a shorter period where reasonable concerns exist, in circumstances where, prior to resumption
- satisfactory medical certification of fitness for duty is submitted by the teacher and
- the employer is satisfied, having first obtained the advice of the Occupational Health Service by means of a medical referral (see 6.3 – 6.5 above), as to the teacher’s physical and mental fitness to resume.
6.8 A teacher may resume duty following a period of unpaid sick leave where, prior to resumption
- satisfactory medical certification of fitness for duty is submitted by the teacher and
- the employer is satisfied, having first obtained the advice of the Occupational Health Service by means of a medical referral (see 6.3 – 6.5 above), as to the teacher’s physical and mental fitness to resume.
6.9 Where a teacher is absent on sick leave and has not returned to duty for a reasonable period before and after a period of school closure, the teacher will be deemed to be on sick leave for the whole duration unless
- the teacher provides a medical certificate of fitness to resume teaching prior to or during a period of school closure and
- the advice of the Occupational Health Service as to the teacher’s fitness for duty has been obtained as to whether the school closure period or any part thereof might be discounted and
- the Occupational Health Service has deemed the period of return to duty to be reasonable taking into account the medical circumstances in individual cases.
7.1 In cases where, prior to resumption of duty, entitlement to salary has been exhausted, salary may be restored only from the date that the Occupational Health Service deems the teacher fit to resume full teaching duties. This is also conditional on the teacher actually resuming duty on the first possible day following the Occupational Health Service certification.
7.2 Any action which necessitates an adjustment to a teacher’s salary should be notified to the Department/VEC immediately.
8. Medical Fitness and role of Teaching Council
8.1 Medical fitness for admission to, removal, or suspension from the Register of Teachers is a matter for the Teaching Council.
9. Retirement on ill health grounds
9.1 A teacher deemed medically unfit to continue teaching in the longer term may be entitled, on cessation of salary, to certain pension benefits under the Pension scheme for teachers and should consult with the Pensions Section of the Department/VEC to establish any entitlements they may have in this regard.
10. Teachers on leave of absence in excess of two full school years
10.1 A teacher who has been on long term leave of absence of any kind in excess of two full school years will be required, prior to return, to undergo and pass a medical assessment through the Occupational Health Service for teachers.
11. Organisation of Working Time Act, 1997 - Public Holiday Entitlements
11.1 A teacher who is absent from work on certified sick leave on a public holiday within the first 26 weeks of a sick leave period is entitled to leave in lieu in respect of the public holiday. The leave in lieu should be taken directly after the period of sick leave, or, as an exceptional measure, at a subsequent date with the agreement of the employer.
12. Audit/Verification
12.1 The Department intends to carry out regular examinations of sick leave records. All documentation relating to sick leave (e.g. medical certification, occupational health referrals, other supporting documentation) must be retained by the employer with the relevant personnel records.
13. Other
13.1 Teachers should note that it would be contrary to the express purpose of this scheme, as stated in paragraph 1.2, for a teacher while on sick leave to engage in any activity (including travel abroad) which in the opinion of the Occupational Health Service could reasonably be regarded as impeding that teacher’s progress to recovery. The approval of the employer must be sought prior to the teacher engaging in any such activity and the employer must seek the advice of the Occupational Health Service before deciding on the matter.
13.2 Engagement in the following while on paid sick leave will lead to the immediate cessation of salary and may be dealt with under disciplinary procedures:
- gainful (i.e. for reward) employment including self employment while on paid leave or
- any activity which in the opinion of the Occupational Health Service would adversely impact on the teacher’s state of health and/or his/her capacity to make an early recovery.
13.3 In the case of unpaid leave, the teacher must be in receipt of formal approval from the employer before the teacher may engage in any gainful employment. An application for such approval must be accompanied by a report from the teacher’s examining Doctor as to the therapeutic value of the proposal. The employer must refer it to the Occupational Health Service for advice before deciding on the merits of the application.