Region: ROI

On 16^th May, as part of the implementation of Phase 1 of the Road Map for the easing of Covid-19 related restrictions, the DES issued guidance to school on school staff accessing schools from 18^th May. The guidance makes it clear that travel and access to schools after that date is only for essential work that cannot be done remotely.

Engagement between the INTO and the Department of Education continues on the key issues to be considered ahead of a proposed reopening of our schools in September, and the development of a protocol for return to the workplace in the schools sector. In the interim period, there is a provision for staff to access school buildings in limited circumstances.

The guidelines state that schools should continue to facilitate remote working. However, for those staff members who, for exceptional reasons, require access to school premises/facilities for the purposes outlined below, they are owed a duty of care. Social distancing and compliance with public health guidance is the key requirement, access should be minimised and only in circumstances where the work cannot be done remotely. During the COVID-19 shutdown of schools, any access to a school must be approved by the school Principal or a person designated by the Principal.

Access to schools is limited to the following activities:

• Supporting the continuity of learning for the remainder of this school year.
• Organising, preparing and disseminating books and other learning materials to students.
• Online support for the continuity of learning.
• Planning and preparatory work for the 2020/21 school year, including the operation of enrolment, payroll, staffing and redeployment processes.
• Work associated the school meals initiative

The DES has also advised that, from 18 May, travel to schools for essential work that cannot be done remotely is considered a necessary journey.

Education is an essential service and we need to ensure, so far as reasonably possible, that the children in our schools and classes continue to engage with a range of learning activities.

The letter from the Secretary General of the DES to teachers and principals on 25 March states “Education continuity is critical, in this crisis, for students at all levels of the education sector. In that respect, all schools are expected to proactively ensure that all of their staff contribute to the continuation of educational provision for their students during this period.”

Circular 24/20 states that “In accordance with DPER guidance, all public servants who are not medically advised to self-isolate must be available to carry out work either to deliver services within their own sector (as a priority) or for temporary assignment within the wider public service.”

On Friday, 3 April the DES issued Guidance on the Continuity of Education in Primary and Post Primary Schools. The Guidance states

All schools and teachers, including teachers of students with special educational needs, should therefore be regularly communicating and engaging with students to ensure that there is continuity in their learning. Where possible, primary teachers should make every effort to engage with their students on a daily basis and post-primary teachers should do so on the days that they are normally timetabled for lessons with their students. In engaging with students, there should be a balance between the assignment of independent work, whether written or practical, online learning and other tasks in accordance with the learning needs of students and the resources available.

The DES has issued further guidance for primary schools in supporting children at risk of educational disadvantage and children with special educational needs.

Home-learning has posed challenges for many parents and guardians but since the outset of the closure teachers have provided much assistance in terms of sharing invaluable knowledge online to the benefit of others.

By offering guidance and practical advice, you’ll be providing vital tools to those managing home learning for the first time and can help keep children’s learning on track during this unprecedented time while schools are closed. Post links to recommended teaching resources that provide useful material for parents and guardians who may be continuing to feel the pressure of creating their own curriculum. It’s also a good idea to reassure families who are struggling that they’re not expected to re-create school at home. Children may be feeling anxious and if they’re finding it difficult to keep up with structured learning, they can learn other life skills at home through cooking, baking, physical exercise, play and meditation. INTO has compiled a comprehensive list of home-schooling resources for you to share.

The Professional Development Support Service (PDST) has assembled a list of resources for distance learning and this can be accessed at https://www.pdst.ie/DistanceLearning.

Members are reminded that if you are providing support online, consider setting up an email/social media presence specifically for professional purposes rather than providing access to your personal account.

On 16^th May, as part of the implementation of Phase 1 of the Road Map for the easing of Covid-19 related restrictions, the DES issued guidance to school on school staff accessing schools from 18^th May. The guidance makes it clear that travel and access to schools after that date is only for essential work that cannot be done remotely.

FSSU Guideline P14 19/20 outlines some essential tasks which should be carried out by administration/ accounts personnel from home, including payroll, returns to Revenue and ongoing maintenance of the accounting system For ancillary staff, particularly caretakers, there is essential work which cannot be done remotely, and so travel and access to schools would be permitted. The guidance states that caretakers must only undertake approved/ risk assessed activities.

Circular 0027/2020 (published 1 April) outlines the arrangements for temporary assignment arrangements for certain staff in the education and training sector to deal with Covid-19. A dedicated process has been established for Special Needs Assistants (SNAs), given the particular skills and experience of these staff in assisting children with additional care needs. All SNAs are to be nominated for temporary assignment and may be called for assignment subject to the terms of Circular 0024/2020.

Circular 24/20 indicates that a temporary assignment scheme will be introduced in accordance with DPER guidance, and that “Any employee who is not required to be retained in providing educational services will therefore be available to be assigned on a temporary basis to support delivery of other essential public services.”

We expect further guidance on this will issue in the near future.

The DES has confirmed that grants for ancillary staff will be paid to schools as normal. Grant funded staff should be paid as normal for the period up to 19 April 2020. Therefore, there should be no change to payments to secretaries, caretakers, cleaners, bus escorts or any other employee whose pay is grant aided.

FSSU Guideline P14 19/20 outlines some essential tasks which should be carried out by administration/ accounts personnel from home, including payroll, returns to Revenue and ongoing maintenance of the accounting system.

Circular 0027/2020 ( published 1 April) outlines the arrangements for temporary assignment arrangements for certain staff in the education and training sector to deal with Covid-19

The circular letter reiterates the importance of the continuity of primary education. The letter states “The clear priority in the education and training sector is to ensure continuity of education for learners and this is being progressed across the sector using new and innovative ways of working”.

Primary school principals and teachers are providing an ongoing and important educational service to their pupils throughout the current health crisis. While we appreciate some of our members will wish to support the public effort, during this period, their first duty will remain to their student body. Education is an essential service for our students.

The role of school management in identifying and linking with staff available for temporary assignment is outlined in the Circular.  However, throughout the course of the last number of weeks, in numerous interactions with the Department of Education and Skills, they have made it clear that the primary objective of teachers should be the facilitation of their pupils learning.

BOMs are expected to send links to a survey contained in the circular to SNAs and certain other non-teaching staff that they deem not to be essential to support tuition at this time. Only workers who received these links from their BOMs were expected to complete the survey.

Some teachers on leave of absence (including on career break) have indicated that they would like to be considered for reassignment. The DES has clarified that “A teacher currently on Career Break may not be considered for temporary assignment as he/she is on an unpaid leave of absence from the school. A return to duty in the school/ETB which granted the Career Break or to the school/ETB where the teacher has been redeployed is not permitted other than at the beginning of a succeeding school year.”

The information note issued by DES Primary Payroll on 13 March sets out the arrangements for the payment of salary/pension to staff paid by the DES during school closures due to Covid-19. Schools should not input a school closure on OLCS as they will then be unable to submit substitute claims.

Where a substitute was scheduled to work in the period of the school closure, then the school should continue to record that claim. The substitute will be paid for that scheduled absence. Substitute claims cannot be claimed in advance on the OLCS, therefore, it is important that schools key all absences and input claims for substitutes on the OLCS as normal.

The Department of Employment and Social Affairs has issued revised guidance in relation to social welfare payments for those who have become unemployed as a result of the Covid-19 crisis. Substitute teachers who had not secured employment prior to the closure are advised to make application for the emergency payment / job seekers allowance/ short term work support for the duration of the closure. Any queries in relation to this should be addressed to your local Intreo office or mywelfare.ie.

Yes. Principals should continue to engage substitute teachers to ensure the continuation of educational provision for their students during this period. An exception to this would be where a course/ medical appointment/ surgery etc has been cancelled and the sub is no longer required as the teacher is available for work.
DES has advised that it has implemented remote working from home for Department staff. This includes the operation of the school staff payrolls on a remote basis school staff should email queries to the designated payroll email addresses listed below. Please quote your PPSN, teacher number and phone number in your email query.

Payroll Division Contact Details

If you are still unfit for work, you should continue to provide certification to your school and to apply for illness benefit (if you pay Class A PRSI). Paid sick leave will continue in line with the provisions set out in Chapter 1 of Circular 54/19.
If you recover, you should indicate to your school/ principal that you are now fit for work, and they should update the OLCS accordingly. If you have been absent for a short-term illness, on a medical certificate ending during the current closure, the school/ principal will follow the dates of the certificate and can end the sick leave during the closure. The principal can accept the teacher’s own doctor’s confirmation of their fitness.

If a teacher has been absent for a longer period – more than twenty-eight days consecutively or cumulatively in the past twelve months – they must be referred to the OHS, Medmark, and be certified as fit to work in order for the school/ principal to end the period of sick leave on the OLCS.

Medmark has confirmed to INTO that it is continuing to operate and will provide telephone consultations during this time, and will be in contact with affected members.

If you need to apply for Critical Illness Protocol, you should do so in the normal manner.

In summary, sick leave should be treated as if the school was in operation.

Schools/principals and other OLCS inputters should continue to record and amend absences during the current closure, and the administrative aspect of sick leave will be managed as it would be if schools were open.

Sick leave should continue to be recorded, and substitute teachers who have been employed to cover the absences will remain in receipt of salary, for the duration of the medical certificate provided by a teacher.

Where a teacher is absent for a short-term illness, on a medical certificate ending during the current closure, you should follow the dates of the certificate and end the sick leave during the closure. The principal can accept the teacher’s own doctor’s confirmation of their fitness.

If a teacher has been absent for a longer period – more than twenty-eight days consecutively or cumulatively in the past twelve months – they must be referred to the OHS, Medmark, and be certified as fit to work in order for the school/ principal to end the period of sick leave on the OLCS. Medmark is continuing to operate and will provide telephone consultations during this time, and will be in contact with affected members.

Applications for critical illness should be processed in the normal manner.

In summary, sick leave should be treated as if the school was in operation.

You should inform your principal that you will not now be taking sick leave. The principal should cancel the sick leave on the OLCS. If a substitute has been booked they will not be required as there is no substitutable absence.

Circular 24/20 sets out that an employer may grant special leave with pay to an employee where appropriate HSE or medical confirmation of COVID-19 diagnosis or recommendation to self-isolate or to restrict his/her movements is provided, in accordance with the HSE Guidelines. Substitution for such days will be paid by the Paymaster where a substitute is required to provide tuition or care to pupils.

Any special leave with pay granted for the purpose of diagnosis of COVID-19, self-isolation or restricted movements will not be counted as part of the employee’s Sick Leave record. The special leave with pay entitlement will apply for the number of days advised by the HSE/doctor.

You must contact your school if any of the above circumstances apply.

The information note issued by the DES Payroll on 12^th March is very clear that leave cannot be changed where an absence has been recorded on the OLCS and a substitute has been contracted to cover the leave:

Scheduled leave absences which have already been recorded on the OLCS cannot be deleted/amended as a result of the government direction to close schools.  Where a substitute was scheduled to work in the period of the school closure, then the school should continue to record that claim.  The substitute will be paid for that scheduled absence.

There are various categories of unpaid leave, with various conditions attaching to the schemes. (see below)

Any changes to unpaid leave will be at the discretion of the Board of Management/ETB. This is not applicable to leave which has already been inputted and processed on the OLCS and therefore, cannot be changed (see above). Boards/ETBs should take into account whether or not they have engaged a substitute teacher to cover a leave absence, in considering such requests.

The information note issued by the DES is clear that recorded leaves of absence shouldn’t be amended solely on the basis of the current closure. However, Boards/ETBs may take into account that teacher’s personal circumstances may have changed since the application for leave was made and may wish to accommodate requests on that basis.

Unpaid Maternity Leave

Per Circular 54/2019, Chapter Two, part 17.1:

Termination of Statutory Additional Unpaid Maternity/Father’s Leave

An application to take statutory additional unpaid Maternity Leave or statutory additional unpaid Father’s Leave, may be withdrawn in writing, for any reason, up to 4 weeks prior to the proposed commencement date for such leave. If the 4 week cancellation period provided for in the Act has passed, entitlement to withdraw an application has been lost.”

Statutory Unpaid Adoptive Leave

Per Circular 54/2019, Chapter Three, part 15.1:

Termination of Statutory Additional Unpaid Adoptive/Father’s Leave

An application to take statutory additional unpaid Adoptive Leave, or statutory additional unpaid Father’s Leave, may be withdrawn in writing, for any reason, up to 4 weeks prior to the proposed commencement date of such leave. If the 4 week cancellation period provided for in the Act has passed, entitlement to withdraw an application has been lost.”

Parental Leave

Per circular 54/2019, Chapter Five, parts 12, 14 and 15

The parental leave circular makes provision for parental leave to be suspended by the teacher in the event that the teacher becomes too ill to care for their child, of if the employer believes the teacher is using the parental leave for a purpose other than childcare.

In relation to requests to change work hours/pattern, S15 states that:

“Such a request must be made in writing to the employer not later than 6 weeks before the proposed commencement of the change in work pattern specifying the nature of the changes requested, the date of commencement and duration of the change in work pattern”.

Otherwise, as per the Confirmation Document at Appendix B of the relevant chapter,

Following signing, no amendment can be made to the Confirmation Document without the agreement of both parties. A copy of the Confirmation Document should be retained by the teacher.

Discretionary Unpaid Leave

Circular 54/2019 Chapter Eleven is silent on the withdrawal of a request for unpaid leave days, so this may be addressed on a case by case basis by schools.

If the leave has been recorded on the OLCS and a substitute has been engaged to cover the absences, this arrangement will be unaffected by the current school closure and the substitute will be paid. If a substitute has not been employed, a Board of Management/ETB may allow for the withdrawal of the leave request, subject to Primary Payroll operational deadlines.

Career Break and Job Share applications for 2020/21

Teachers had up to 14 April to withdraw an application for a career break or job share for next school year. Career break and job share applications after this date may only be withdrawn at the discretion of the Board of Management and will usually be facilitated if the school have not yet employed a fixed term teacher for the year ahead.

Please note, this condition is highlighted for the benefit of teachers who may find themselves in changed financial circumstances due to recent events. The INTO has no cause to believe that schools will remain closed into the start of the new school year.

Carer’s Leave

Per paragraph 12.1 of Chapter 6 of 54/2019:

The period of Carer’s Leave shall terminate on the date specified on the Confirmation Document at the time of application, except where the relevant person:

• ceases to require full-time care and attention during the period of Carer’s Leave, or
• dies during a period of Carer’s Leave. If the relevant person dies during the period of Carer’s Leave, the teacher may return on the date specified in the Confirmation Document or on a date which occurs 6 weeks after the date of the death whichever is the earlier.

Otherwise, per the Confirmation Document at Appendix B of the relevant chapter,

Following signing, no amendment can be made to the Confirmation Document without the agreement of both parties. A copy of the Confirmation Document should be retained by the teacher.

INTO wishes to clarify that under Rule 58 of the Rules for National Schools, primary teachers are entitled to extra personal vacation days on foot of attending approved  professional development courses in the Summer.

Teachers are entitled to take extra personal vacation days in the school year immediately following the completion of the course, in line with Circulars 37/97 and 0035/2009.   Primary teachers must apply in writing to their BOM for the use of their EPV days. Boards of Management may decide on the timing of the use of EPV days but this does not remove the entitlement of teachers to take this leave, subject to school procedures.  

Members may still apply to their boards of management for their EPV days between now and the end of the school year. EPV days for the current school year may not be carried over to next year .  Principals are reminded that non casual subs are entitled to avail of EPV days, on a pro rata basis.

Teachers who complete DES approved professional development courses this summer will be entitled to take EPV days in the next academic year,  according to the relevant circular  above and rule 58  for national schools.

The INTO Summer Programme is now open for bookings.

The main panels issued to panel operators ( Patrons) on 20^th May. Schools will now proceed to fill permanent vacancies from these panels, in accordance with Circular 18/2020 and the associated redeployment FAQs. You should ensure you are contactable at the phone and email you provided for panel related contact. You should contact the relevant panel operator who may provide you with a list of schools with vacancies.

INTO has discussed with Cornmarket the maintenance of their services for members – regarding insurance, AVC and salary protection schemes – during the current health crisis.

Cornmarket confirm that they remain open. In addition to services from their main offices, within the next couple of days most of their staff will be working from home and in a position to take calls/emails. The company is writing to all their customers to provide assurances of support. FAQs will be included in the communication – on AVCs, Salary Protection and other insurance schemes. See www.cornmarket.ie.

Comhar Linn has advised INTO that members of the credit union can do any transaction over the phone, via their online accounts or through email during the period that the office is closed to the public. An emergency loan package is being developed to assist members whose incomes are impacted by Covid-19. https://www.comharlinnintocu.ie/