The following is intended as an overview of some common brief absences, but teachers should refer to Circular 32/2007 (DOC) for additional information and leave options.
Circular 78/2022 (PDF) will supercede circular 32/2007 in respect of teachers’ entitlement to bereavement leave.
Primary teachers’ conditions of employment make provision for certain short-term absences which may be sanctioned during the school year. These absences may include compassionate leave in respect of illness or bereavement, or to attend special family occasions, such as weddings or graduations.
Although circular 32/2007 provides a comprehensive reference for most brief absences, there have been some significant amendments to this Circular since 2007, including the withdrawal of substitute cover for self-certified sick leave, and for the first day of Family Illness Leave.
There are two exceptions in respect of Family Illness Leave and self-certified sick leave:
- A school with two or fewer mainstream teachers may employ a substitute for all self-certified sick leave or Family Illness Leave
- If two or more teachers are out on these leaves on the same day, substitute cover is available from the second teacher onward
It is also important to check Appendix A of Circular 32/2007 for the Department of Education and Skills’ definitions of immediate family and near relative which can change depending on the nature of the absence involved.
Medical, dental, or hospital appointments
Extra Personal Vacation Days (Course Days)
Representing Ireland at a sporting event
FAMILY ILLNESS LEAVE
Family Illness Leave provides for up to five days paid absence per school year, where due to illness or injury, the teacher’s presence is required with a family member. This may include accompanying a family member to hospital appointments.
Family Illness Leave may be taken as up to five days for an immediate family member (defined as the teachers’ spouse or partner, parents or step-parents, and children or step-children).
To tend to a near relative (defined as one’s siblings, grandparents, uncles or aunts, nieces or nephews, and grandchildren), three days may be taken.
Family Illness Leave will generally only have substitute cover from the second day on, when days are taken consecutively.
So, if a teacher takes three days together, days two and three will be covered by a substitute. If they take three single days throughout the year, substitute cover will not be available.
There are two exceptions:
- A school with two or fewer mainstream teachers may employ a substitute for all self-certified sick leave or Family Illness Leave
- If two or more teachers are out on these leaves on the same day, substitute cover is available from the second teacher onward
The statutory minimum entitlement to Force Majeure leave is subsumed into teachers’ entitlement to Family Illness Leave. As such, teachers do not have separate entitlements to Family Illness Leave and Force Majeure, and it is important that Family Illness Leave is correctly recorded as such on the OLCS, to ensure the teacher can avail of this superior entitlement.
BEREAVEMENT LEAVE
On 12 December 2022, the Department of Education published circular 78/2022 (PDF), which will supercede circular 32/2007 in respect of teachers’ entitlement to bereavement leave.
The number of days of bereavement leave available will depend on the teacher’s relationship to the deceased, as set out in Appendix A of circular 78/2022.
For an immediate family member – the teacher’s spouse or child, or another person in a relationship of domestic dependency – up to twenty days of bereavement leave may be taken.
For an immediate relative – the teacher’s parents, siblings, grandparents, grandchildren, or in-laws – up to five days are available.
One day is available following the death of a teacher’s aunt, uncle, niece, or nephew. (This may be extended to up to five days in exceptional circumstances, such as if the teacher was living with the deceased, or is responsible for making funeral arrangements.)
Bereavement leave is not available following the death of a teacher’s cousin. Unpaid leave or an EPV day may be requested to attend funeral services.
Bereavement leave must be taken on consecutive days, excluding weekends and bank holidays. It will usually commence immediately following the bereavement, but flexiblity may be available in exceptional circumstances (e.g. following a family member’s death abroad, or a delayed funeral service).
Detailed FAQs in relation to bereavement leave will be available in the INTO Leave Estimator in the coming days.
MEDICAL, DENTAL, OR HOSPITAL APPOINTMENTS
The sick leave scheme allows leave to be taken “when absent for the purpose of obtaining medical related services (e.g. Doctor/Dentist) provided such appointments could not have been arranged outside of regular working hours or working days.” (See Chapter One, circular 54/2019.)
Such absences will be recorded on the OLCS as certified sick leave and will have substitute cover.
WEDDING LEAVE
The teacher’s own wedding
For the teacher’s own wedding, seven consecutive days from the date of the wedding inclusive may be taken (e.g. for a wedding on a Saturday, wedding leave is from Saturday to Friday inclusive; for a wedding on a Friday, wedding leave will be from Friday to the following Thursday.)
For a wedding that takes place during a school closure, leave cannot be carried forward to when the school reopens.
However, if a teacher gets married on, for example, a bank holiday weekend, they will be able to take leave for any days the school is open during the seven days that follow. (E.g.: A teachers’ wedding takes place on the Saturday preceding the May bank holiday; they are allowed leave from Saturday to Friday, but the school will only be open from Tuesday, so the teacher may be absent for four school days.)
A family member’s wedding
For the wedding of a teachers’ family member, a single day of leave may be taken if the wedding takes place on a day the school is open. There is no additional leave entitlement to travel to a wedding.
Following an amendment to circular 32/2007, this leave may be available to attend the wedding of the following family members:
Father
Mother
Child (including their adopted child or step-child)
Step-father
Step-mother
Brother
Step-brother
Half-brother
Brother-in-law
Sister
Step-sister
Half-sister
Sister-in-law
Father-in-law
Mother-in-law
Son-in-law
Daughter-in-law
Grandfather
Grandmother
Grandchild
Aunt
Uncle
Niece
Nephew
Wedding leave is not available to attend the wedding of a first cousin. An EPV day or Unpaid Leave day may be requested instead.
EXTRA PERSONAL VACATION DAYS (COURSE DAYS)
Earned for undertaking approved courses in the summer closure, up to five EPV days may be used per school year, subject to school policy and Board of Management approval.
No distinction is made between online courses and face-to-face courses for the purpose of earning EPV days.
Substitute cover is not provided for EPV days.
See circular 0037/1997 (DOC) for further details.
STUDY AND EXAM LEAVE
Up to five days of paid study leave may be taken prior to examinations for a teacher undertaking a recognised third level educational course.
The Board of Management is required to retain evidence of the exams for which the study leave was granted.
Up to five days of paid leave may be taken on the days the exams take place. Evidence of the exams must be submitted by the teacher and retained by the Board.
Substitute cover is not provided for study leave or exam leave.
GRADUATION LEAVE
A teacher may take one day of leave to attend their own graduation, or the graduation of an immediate family member.
A teacher may also take one day of leave to attend the ordination, profession, religious reception, garda passing out, or commissioning of an immediate family member.
For this leave, an immediate family member would include the teachers’ spouse or partner, parents and step-parents, children and step-children, and siblings.
Substitute cover is not provided for graduation leave.
LEAVE TO ATTEND CONFIRMATION
There is no provision made for a teacher to attend the Confirmation of a family member, including the teachers’ own child. An EPV day or unpaid leave may be requested.
LEAVE TO ATTEND COURT
Attending court on behalf of the school
- Paid leave may be taken for the number of days required by the court
- There is substitute cover for these absences
Attending court where the teacher is a plaintiff or defendant in a personal case
- Unpaid leave for all the days deemed necessary by the court
- There is substitute cover for these absences
Attending court as a witness under subpoena or summons
- Paid leave may be taken for the number of days required by the court
- The DES will not pay a substitute, but the Board may claim payment for substitute cover from the relevant party
Legal separation proceedings
- Paid leave for one day
- There is no substitute cover for this absence
JURY SERVICE
A teacher who is called to serve on a jury may take paid leave for all the days deemed necessary by the court.
There will be substitute cover for these absences.
REPRESENTING IRELAND AT A SPORTING EVENT
Paid leave may be sanctioned for a teacher who is representing Ireland at an international sporting event. The sport in question must have a national governing body which is recognised by the Sports Council of Ireland.
Evidence of the teacher’s participation in the event and the number of days required must be retained by the Board and submitted to the Department of Education for approval.
There will be substitute cover for these absences if the leave is sanctioned by the Board and DE.
If you have questions about taking a brief absence, the INTO QueryLine operates 9am – 5pm, Monday to Friday, on 01 804 7700.
