Covid-19: Special leave with pay
What is the current public health advice in relation to COVID-19 testing, infections, and self-isolation?
Is special leave with pay still available?
Special leave with pay is available for a teacher’s initial absence if they display COVID-19 symptoms, and if the teacher tests positive for COVID-19.
What should I do if I have symptoms of COVID-19?
You must notify your employer that you are self-isolating, and arrange either an antigen or PCR test as soon as possible, and within one day of the onset of symptoms.
I am self-isolating. Is there anything I need to submit to my school?
If I receive a positive test result what leave arrangement is available?
This is not part of your sick leave record and, if you are a Class A PRSI contributor, there is no need to claim illness benefit during this period of absence.
If your positive test was a PCR test, you will receive a text from the HSE. If it was a home antigen test, you should report the positive result on the HSE website, and the HSE will text you to confirm receipt of the report.
A screenshot of either of these text messages can be provided to the school, with the form at Appendix A of Circular 0038/2022, to support your absence on special leave with pay.
What leave is available if I receive a negative COVID-19 test result?
If you remain unfit to work, the ordinary terms of the sick leave scheme will apply to the remainder of your absence.
See Chapter One of Circular 0054/2019 for details of the sick leave scheme.
You are required to provide a medical certificate if you are absent on sick leave for more than three consecutive days, or if they you have used seven days of self-certified sick leave during the previous rolling two-year period.
If you pay Class A PRSI, you should claim illness benefit for any period of sick leave longer than consecutive three days, excluding Sunday. The obligations of teachers regarding illness benefit are set out in this DE information note (PDF).
The initial period of special leave with pay, while you were symptomatic and awaiting testing, is not part of your sick leave, and you don’t claim illness benefit for this part of your absence.
If my first test is negative and I subsequently test positive, can I avail of special leave with pay?
As above, you should supply a screenshot of an HSE text message and the form in Appendix A of Circular 0038/2022 to support your absence.
Can my school employ a substitute teacher when I am on self-certified sick leave?
There are two exceptions to this:
- A school with two or fewer mainstream teachers may employ a substitute for self-certified sick leave, and
- If two or more teachers are out on self-certified sick leave, or the first day of family illness leave, substitute cover is available for the second teacher.
If your absence on sick leave is certified, your school may employ a substitute teacher for the duration of the absence.
I tested positive for COVID-19, and following my seven days of self-isolation, I’m still unfit to work. What leave is available now, and what do I need to do in relation to work?
If you are still unwell following this period of self-isolation, the normal terms of the sick leave scheme will apply.
A medical certificate must be provided for any absence on sick leave in excess of three consecutive days, and if you pay Class A PRSI you need to claim Illness Benefit for any absence on sick leave for more than three consecutive days, excluding Sundays.
The obligations of teachers regarding illness benefit are set out in this DE information note (PDF).
There is further detail about the sick leave scheme for teachers in Chapter One of Circular 0054/2019 and on the INTO website here.
I was previously absent for a period of Special Leave with Pay following a COVID-19 infection, and I am now symptomatic or have tested positive again. What leave is available to me for this new period of self-isolation?
Teachers who are required to self-isolate on a subsequent occasion, as a result of being symptomatic or receiving a second diagnosis with COVID-19, will be able to avail of further periods of up to seven days of special leave with pay, subject to the conditions of circular 38/2022.
I have a vaccination or booster appointment which is scheduled during the school day. What leave is available to me?
Sick leave is available for the purpose of obtaining medical related services, provided such appointments could not have been arranged outside you regular working hours.
You should provide evidence of your appointment to your employer. This absence may be recorded on the OLCS as certified sick leave, and substitute cover will be available.
There is further detail about the sick leave scheme for teachers in Chapter One of Circular 0054/2019 and on the INTO website here.
I have developed side-effects from my vaccination or booster and am unable to attend the workplace. What leave is available to me?
There is further detail about the sick leave scheme for teachers in Chapter One of Circular 0054/2019 and on the INTO website here.
Pregnant and Very High Risk Teachers, and Extended COVID-19 Leave
During the 2021/22 school year, I was categorised as Very High Risk and was facilitated to work remotely. What changes took effect from 1 July 2022?
From 1 July 2022, a teacher who was previously categorised as Very High Risk, or a pregnant teacher categorised as being at High Risk and working in a special education setting, and who is fit to work, will be required to attend the workplace.
What do schools need to do in respect of Very High Risk teachers, or pregnant teachers categorised as High Risk and working in special education settings?
Employers are advised to carry out a workplace risk assessment before Very High Risk teachers or High Risk pregnant teachers return to the workplace. There is guidance on the HSE website for schools carrying out risk assessments here.
What do I do if I was categorised as Very High Risk in 2021/22, and was not fit to return to school in September 2022?
Your employer should refer you to the OHS, in line with protocol set out in the Employers Procedures Manual. This referral should have taken place before the start of the new school year.
If the OHS reports that you are unfit to work, the normal conditions of the sick leave scheme will apply, as set out in Chapter One of circular 54/2019. Taking account of your individual medical circumstances, this may include some or all of the summer closure being recorded retrospectively as sick leave.
Can I apply for Health and Safety Leave, as I am pregnant and at High Risk from COVID-19?
If you are medically unfit to attend work, the normal conditions of the sick leave scheme will apply, including the provision for Pregnancy Related Sick Leave, as set out in Chapter One of circular 54/2019.
I was diagnosed with COVID-19 before 7 February 2022, and was on extended Special Leave with Pay until the end of the 2021/22 school year. What changes took effect from 1 July 2022?
What happens if I was deemed fit for work by Medmark on 1 July 2022, but was subsequently sick in September and unable to return to the workplace?
However, your employer can refer you to Medmark for an assessment, to determine whether the summer closure can be excluded from your sick leave record, based on your specific medical circumstances.
I was diagnosed with COVID-19 before 7 February 2022 and was on extended Special Leave with Pay until the end of June 2022. I am still unwell, and was not fit to return to school in September 2022. What leave is available, and what does my employer need to do?
The period from 1 July until you are confirmed as fit to work will be recorded as sick leave, and the normal terms of the sick leave scheme will apply, as set out in Chapter One of circular 54/2019.
If I am going to be on a period of extended sick leave from 1 July 2022, following extended Special Leave with Pay, what do I need to do?
You will need to continue to provide your school with medical certificates, which may cover a period of up to one month, subject to school policy.
On sick leave, teachers who pay Class A PRSI, are required to claim Illness Benefit from the DSP whenever they are absent on sick leave for more than three consecutive days, excluding Sundays.
This claim is made using an IB1 and MED1 form, obtained from your GP.
An IB1 can also be submitted online through MyWelfare, if you have a MyGovID account. For an online application, your doctor will need to submit a Certificate of Incapacity electronically to the DSP.
You should ensure your bank details are correct on your IB1, as the benefit payment will issue directly to you, the absent teacher, and Primary Payroll will adjust your salary during your absence.
If you are ineligible for Illness Benefit, or if it is being paid at a reduced rate, you should notify payroll, and the salary adjustment will be corrected.
I am suffering ongoing ill-health as a result of COVID-19. I am currently on sick leave, but my doctor feels that a phased return to work would be beneficial. Is such an arrangement available?
However, this arrangement does exist within the terms of the sick leave scheme. See Partial Return to Work, Circular 54/2019, Chapter One, part 14 for full details.
Under the terms of circular 38/2022, if you were absent on extended COVID-19 Special Leave with Pay up to 30 June and remain medically unfit for work after that date, you will be subject to the normal terms of the Sick Leave Scheme from 1 July until you are deemed fit to return to work.
If you are on sick leave, the normal terms of the Partial Return to Work will be available to you, if this is deemed medically appropriate.
A Partial Return to Work is not an automatic entitlement, must be agreed in consultation with Medmark and your employer. It can be facilitated for a maximum period of one term, and you must be assessed by Medmark as being fit to return for at least two days per week in order to commence a Partial Return to Work.
Caring responsibilities related to COVID-19
My child has COVID-19 symptoms or a positive test result, and must isolate. What leave is available for me to provide care for them?
If you need to take leave to care for your child, you have access to five days of Family Illness Leave per school year.
I live with, or care for, a person who is categorised by the HSE as being at Very High Risk from COVID-19. Can I avail of special leave?
Current advice from the HSE is that if you are caring for someone at a higher risk from coronavirus, it is very important you follow the HSE guidelines to protect yourself and to minimise risk of transmission.