Region: ROI

The DES confirmed in the briefing on the 12^th March that they do not expect there to be a constant presence in primary schools and on 13^th March notified schools that school buildings should be available to staff if they wish to access the facilities in order to provide online delivery, or essential services once this is in line with HSE advice on social distancing.

All schools should cooperate with this in as far as they can, bearing in mind the following:

• All employees including teachers have been advised to work from home where possible. Therefore, any attendance in school must be only where the work being asked of them cannot be carried out from home.
• Social distancing measures are in place which require that people maintain physical distance from each other and that work breaks are staggered.

In relation to the work of principals, there may be tasks which require their attendance in school e.g. to manage post, online claims etc. However, this work should be carried out from home where possible.

Teachers have been advised by the Minister in his statement of 12^th March “that in order to minimise the impact on teaching and learning all schools will be asked to continue to plan lessons and, where possible, provide online resources for students or online lessons where schools are equipped to do so”. This should be the priority, bearing in mind that not all schools or homes have access to broadband/ appropriate technology to provide or engage with online resources/ lessons. Individual schools may give priority/ have capacity for other work, but any requests should be reasonable.

The Financial Services Support Unit (FSSU) note issued on 13^th March states that “caretaking, secretarial, cleaning and other staff should only be in the school as necessary” and that “all Board of Management employees should be paid during this period of school closure”.

The information note issued by DES Primary Payroll on 13^th 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 for the duration of the closure. Any queries in relation to this should be addressed to your local Intreo office or mywelfare.ie.

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.

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 and 14

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 child-care.

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

A teacher has 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.

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.”

5. Staffing and Redeployment

If you have not done so already, you should complete the relevant sections of the Main Panel Application Form (Appendix E Circular 18/20) and send to the Chairperson of the Board of Management /CEO (for Community National Schools). Your principal should be able to assist with this. The DES has extended the closing date for receipt of these forms to Friday 3^rd April. We encourage you to cooperate with this deadline to minimise disruption to the staffing and redeployment process for the next school year.

The DES has notified us that the date for return of forms and documentation related to the Staffing Circular (Main Panel Application Forms, CID forms, Staffing Appeals Applications) has been extended to April 3^rd  (from 27^th March). INTO encourages principals and teachers to complete and return these forms as soon as they can, if they can do so safely and in line with Covid- 19 Guidelines, in order to minimise disruption to the staffing and redeployment process for the next school year.

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/

Teacherwise, the approved INTO Home Insurance provider, have confirmed to INTO that all of their staff  have access to secure, remote phone systems to ensure service levels are fully maintained during the current health crisis. Furthermore, and for members’ peace of mind, queries and new quotes will be handled by the Teacherwise team in addition to the online facility. https://www.jlt.ie/unions_into.html

The DES confirmed in the briefing on the 12^th March that they do not expect there to be a constant presence in primary schools and on 13^th March notified schools that school buildings should be available to staff if they wish to access the facilities in order to provide online delivery, or essential services once this is in line with HSE advice on social distancing.

All schools should cooperate with this in as far as they can, bearing in mind the following:

• All employees including teachers have been advised to work from home where possible. Therefore, any attendance in school must be only where the work being asked of them cannot be carried out from home.
• Social distancing measures are in place which require that people maintain physical distance from each other and that work breaks are staggered.

In relation to the work of principals, there may be tasks which require their attendance in school e.g. to manage post, online claims etc. However, this work should be carried out from home where possible.

Teachers have been advised by the Minister in his statement of 12^th March “that in order to minimise the impact on teaching and learning all schools will be asked to continue to plan lessons and, where possible, provide online resources for students or online lessons where schools are equipped to do so”. This should be the priority, bearing in mind that not all schools or homes have access to broadband/ appropriate technology to provide or engage with online resources/ lessons. Individual schools may give priority/ have capacity for other work, but any requests should be reasonable.

The Financial Services Support Unit (FSSU) note issued on 13^th March states that “caretaking, secretarial, cleaning and other staff should only be in the school as necessary” and that “all Board of Management employees should be paid during this period of school closure”.

The information note issued by DES Primary Payroll on 13^th 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 for the duration of the closure. Any queries in relation to this should be addressed to your local Intreo office or mywelfare.ie.

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.

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 and 14

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 child-care.

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

A teacher has 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.

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.”

5. Staffing and Redeployment

If you have not done so already, you should complete the relevant sections of the Main Panel Application Form (Appendix E Circular 18/20) and send to the Chairperson of the Board of Management /CEO (for Community National Schools). Your principal should be able to assist with this. The DES has extended the closing date for receipt of these forms to Friday 3^rd April. We encourage you to cooperate with this deadline to minimise disruption to the staffing and redeployment process for the next school year.

The DES has notified us that the date for return of forms and documentation related to the Staffing Circular (Main Panel Application Forms, CID forms, Staffing Appeals Applications) has been extended to April 3^rd  (from 27^th March). INTO encourages principals and teachers to complete and return these forms as soon as they can, if they can do so safely and in line with Covid- 19 Guidelines, in order to minimise disruption to the staffing and redeployment process for the next school year.

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/

Teacherwise, the approved INTO Home Insurance provider, have confirmed to INTO that all of their staff  have access to secure, remote phone systems to ensure service levels are fully maintained during the current health crisis. Furthermore, and for members’ peace of mind, queries and new quotes will be handled by the Teacherwise team in addition to the online facility. https://www.jlt.ie/unions_into.html

Providing continuity of education is extremely important 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. Leading continuity of learning is the key role for the principal at this time. However, it is also important that the day to day management of schools is carried out, both to ensure that learning can occur effectively but also that administrative matters are carried out effectively.

The PDST Leadership team has put together resources for principals in carrying out their responsibilities at this time including a resource bundle. This Guidance is divided into four areas: communication structures, leading continuity of learning, supporting staff, and supporting well-being.

The letter from the Secretary General of the DES to teachers and principals on 25^th 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.”

All school staff who are not on leave (e.g. sick leave, maternity or parental leave, Covid-19 leave), should be available for work. Work patterns may have to be adjusted to accommodate teachers who have caring responsibilities.

On Friday 3^rd 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. The DES has issued also guidance to school on standardised testing and on completing end of year reports.

Class teachers should be expected to support learning at home for the children in their class. SET teachers / EAL teachers should target their support at the children they normally teach, in conjunction with their class teacher. HSCL teachers should work with the principal to support children who may be particularly vulnerable and to ensure that links between home and school are maintained.

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. INTO has compiled a comprehensive list of home learning resources for teachers/ schools 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.

Circular 0027/2020 (published 1^st 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.

The DES has confirmed that grants for ancillary staff will be paid to schools as normal. Grant funded staff should be paid as normal. 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.

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.

Circular 0027/2020 (published 1^st 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”.

INTO advises that primary school principals and teachers are providing an ongoing and important educational service to their pupils throughout the current health crisis, with schools across the country closed.

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.

INTO acknowledges the role of school management in identifying and linking with staff available for temporary assignment as outlined in the Circular.  However, since the start of the closure 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.

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^th 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 teachers should be clear that they are required to work to ensure continuity of learning for the children, in place of the teacher on leave. 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.

Teachers may, in certain circumstances, be entitled to vary or cancel substitutable leave, and if such leave is cancelled or varied then the substitute will not be required and will not be paid. Boards/ principals should take this into account in considering requests to cancel or vary leave. In particular, principals should consider what commitments were made (either in writing or verbally) to substitutes when they were engaged. Section 9 of Circular 24/20 states that “The rules regarding cancellation of leave (e.g. Parental Leave) must be in accordance with the terms and conditions of the relevant Department publications. See section 3 below in relation to those rules.

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. If you need to contact the DES you should do so by email at Prim_tch@education.gov.ie or OLCSBusinessUnit@education.gov.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. Substitute teachers should be clear that they are required to work to ensure continuity of learning for the children, in place of the teacher on leave.

The main panels issued to panel operators (Patrons) on 20^th May. Schools should now proceed to fill permanent vacancies from these panels, in accordance with Circular 18/2020 and the associated redeployment FAQs. If your school has a permanent vacancy, you should contact the relevant panel operator to access the panel list.

The current appointment procedures for teachers/ principals provide for interviewing using digital technology, at the discretion of the Board of Management. INTO has been requesting that the DES issue guidance to schools in relation to digital interviewing. However, to date, no such guidance has issued. Principals are advised to contact their management bodies and patrons for advice on this matter. However, if proceeding with interviews using digital technology, Boards should be conscious of extending the best possible opportunity to teachers to participate in interviews.

Currently, schools are unable to carry out appointments to AP1/ AP2 posts as the requirements outlined in Chapter 3 of Circular 44/19 cannot be met in respect of consultation, giving notice of a post and the posting of the outcome in the school. The INTO has been seeking guidance from the DES in respect of this. When it becomes available we will post on the INTO website.

The DES has advised that Admission policies must be in place, in line with the requirements in the 2018 Admissions Act and the timelines previously advised. INTO has published guidance to assist principals in carrying out this task.

Owing to the current crisis, principals and schools are being asked to make decisions on matters which they may never have considered previously. Principals are advised to maintain regular contact with the Chair of their Board of Management, and where necessary to convene a meeting of their Board to consider significant matters. DES has advised that Section 13.3 (g) of the Governance Manual for Primary Schools 2019 – 2023 provides for the use of conference calls to facilitate Board meetings. The DES has clarified that this may include the use of on-line platforms, once the Board is satisfied that appropriate security measures are in place to protect confidentiality. Where phones and other on-line media platforms have been used to host the meeting, this should be recorded in the minutes of the meeting. The normal requirements for confidentiality continue to apply. Some management bodies have issued further guidance to schools in relation to this.

The Department of Education and Skills has advised that, for the duration of the Covid-19 emergency measures, the requirement to provide a Child Protection Oversight Report (CPOR) will not apply to board meetings held remotely, whether by video conference or teleconference. This is because it is not possible to meet the requirement to provide to board members the specified documentation at the board meeting.

The Principal must continue to maintain the relevant data and records for the CPOR which shall be provided at the next face to face meeting of the Board. The data in the report must reflect cases arising since the previous CPOR was provided to the Board of Management

The Pension section in the DES recently send a form to schools by email, asking them to identify teaching/non-teaching staff who were “preparing to retire”.

The DES informed INTO that they would be issuing this notice, and had planned to do so at a much earlier stage. Their rationale is that it will assist the DES Pension Section with the processing of pension payments.

INTO reminded the DES that teachers were contractually bound to give a minimum three month notice period to their Boards of Management, and could not be compelled to give notice earlier, and the DES accepted this. However, INTO does accept that where a teacher has given formal notice to a Board of their intention to retire in advance of the three month period, it may be helpful in terms of processing that teacher’s pension to inform the DES. Therefore, the return of a teachers details on the form must be at the discretion of the teacher. Principals should confirm with the teacher that they consent to the return of the form.

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. You 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 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.

Section 9 of Circular 24/20 states that “The rules regarding cancellation of leave (e.g. Parental Leave) must be in accordance with the terms and conditions of the relevant Department publications.

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.

Circular 24/20 states that “The rules regarding cancellation of leave (e.g. Parental Leave) must be in accordance with the terms and conditions of the relevant Department publications.” ie Circular 54/19

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, and must be in accordance with the rules for the leave. In considering requests to vary leave already granted, Boards/ETBs should take into account whether or not they have engaged a substitute teacher to cover a leave absence.

The information note issued by the DES on 13^th March 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 child-care.

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^th 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 Circulars 37/97 and 0035/2009 and rule 58 for national schools.

The INTO Summer Programme is now open for bookings.

A teacher’s normal place of work is their school. In these circumstances, teachers are  required to attend for work unless they are on approved leave. Circular 49/20 sets out the arrangements for paid leave and remote working for certain categories of teacher in the context of Covid-19.

A teacher’s normal place of employment is their school, and there is no contractual or legal entitlement to work from home. However, if you are on certain types of leave where you may not attend the workplace and are medically fit for work, you are regarded as being available to work remotely. This includes people who are on

• Covid -19 Leave – Very High Risk Group
• Covid -19 Leave – Restricted Movement

A teacher who is on Covid-19 Leave – Diagnosis is not precluded from working remotely if it is feasible i.e. the teacher has recovered sufficiently.

Teachers on sick leave or unpaid leave are not available to work remotely.

The DES has set out duties that support the work of the school in developing and delivering its programmes of teaching and learning for pupils for teachers who are working remotely which may include:

• Liaising closely with and supporting the work of the substitute teacher(s) who becomes responsible for the teaching duties of the teacher on special leave with pay.
• Supporting and engaging, using online technology, the work and progress of very high risk or extremely vulnerable pupils who are unable to attend school.
• Participating in staff meetings, team/subject planning meetings and all other normal meetings using online technology.
• Participating in relevant professional development through online media.
• Developing aspects of the school’s teaching resources or teaching plans.
• Undertaking administrative or other tasks associated with a post of responsibility (provided they hold the post in line with relevant DES publications) to the greatest extent possible using online technology.

You should discuss arrangements for working remotely with your principal, or for principals this should be discussed with your Board.

Where a principal teacher is in the very high risk category and is working remotely and in view of the many roles required of a Principal and the need for the presence of the Principal in the workplace to carry out certain of these roles, the Department has, on an exceptional basis, agreed to sanction the filling of an Acting Principal working in collaboration with the Principal in the very high risk category.

Each school is required to put in place a School Covid-19 response plan. A template plan has been published by the Department of Education (DE) following consultation with stakeholders. The Covid-19  response plan outlines the measures which schools must put in place including:

• The appointment of a lead worker representative;
• A return to work process, including return to work form;
• Carrying out a risk assessment and updating the safety statement, in the context of Covid-19;
• Ensuring that people are aware of the symptoms of Covid-19 so that they do not attend if they suspect they have the disease;
• Managing the risk of the spread of the virus through hand hygiene, physical distancing and respiratory hygiene;
• control measures, including induction training, cleaning, and contact logs; and
• procedures for dealing with a suspected case on the premises.

Schools as workplaces are subject to inspection by the Health and Safety Authority to ensure that they are compliant with measures to contain the spread of Covid-19.

Staff have a statutory obligation to take reasonable care for their own health and safety and that of their colleagues and other people in the school community. The cooperation and assistance of all staff is essential to reduce the risk of spread of COVID-19 and to protect health and safety as far as possible within the school. All staff have a key role to play.

In this regard and in order to facilitate safe working, these duties include, but are not limited to, the following:

• adhere to the School COVID-19 Response Plan and the control measures outlined
• complete the Return to Work (RTW) form before return to work
• inform the principal if there are any other circumstances relating to COVID-19, not included in the form, which may need to be disclosed to facilitate safe return to the workplace
• complete COVID-19 Induction Training and any other training required prior to returning to school
• be aware of, and adhere to, good hygiene and respiratory etiquette practices
• coordinate and work with colleagues to ensure that physical distancing is maintained
• make themselves aware of the symptoms of COVID-19 and monitor their own wellbeing
• self-isolate at home and contact their GP promptly for further advice if they display any symptoms of COVID-19
• not return to or attend school if they have symptoms of COVID-19 under any circumstances
• if they develop any symptoms of COVID-19 whilst within the school facility, they should adhere to the procedure outlined in the school Covid Response Plan
• keep informed of the updated advice of the public health authorities and comply with same

In accordance with the government Return to Work Protocol, every employee returning to work must complete a return to work form. This is a standard form which has been provided for schools by the DE. The form includes questions designed to minimise the risk of people inadvertently  returning to work with Covid -19, and to identify those in the very high risk categories. The form is a self-declaration form. It should be filled out at least 3 days before returning to the workplace. If you answer yes to any of the questions, you must seek medical advice before returning to school.

The responsibility for the development and implementation of the Covid-19 Response Plan and the associated control measures lies primarily with the Board of Management/ ETB and school leadership team.

The government Return to Work Protocol for all workplaces provides that a Lead Worker Representative (LWR) is selected in each workplace.

The role of the LWR is to work collaboratively with the employer to ensure, so far as is reasonably practicable the safety, health and welfare of employees in relation to COVID-19, to monitor and promote adherence to the control measures in place, to consult with colleagues and if necessary make representations to the employer on behalf of their colleagues on matters relating to COVID-19 in the workplace.

The DE has published Guidance on the role of the Lead Worker representative in primary and special schools, and a Checklist to assist them with their work.

 

A designated isolation area should be identified within the school building. The possibility of having more than one person displaying signs of COVID-19 should be considered and a contingency plan for dealing with additional cases put in place. The designated isolation area should be behind a closed door where possible  and away from other staff and pupils.

If a staff member/pupil displays symptoms of COVID-19 while at school the following are the procedures to be implemented:

• if the person with the suspected case is a pupil, the parents/guardians should be contacted immediately
• isolate the person and have a procedure in place to accompany the individual to the designated isolation area via the isolation route, keeping at least 2 metres away from the symptomatic person and also making sure that others maintain a distance of at least 2 metres from the symptomatic person at all times
• the isolation area does not have to be a room but if it is not a room it should be 2 metres away from others in the room
• if it is not possible to maintain a distance of 2 metres a staff member caring for a pupil should wear a face covering or mask. Gloves should not be used as the virus does not pass through skin
• provide a mask for the person presenting with symptoms if one is available. He or she should wear the mask if in a common area with other people or while exiting the premises
• assess whether the individual who is displaying symptoms can immediately be directed to go home/be brought home by parents who will call their doctor and continue self-isolation at home
• facilitate the person presenting with symptoms remaining in isolation if they cannot immediately go home and facilitate them calling their doctor. The individual should avoid touching people, surfaces and objects. Advice should be given to the person presenting with symptoms to cover their mouth and nose with the disposable tissue provided when they cough or sneeze and put the tissue in the waste bag provided
• if the person is well enough to go home, arrange for them to be transported home by a family member, as soon as possible and advise them to inform their doctor by phone of their symptoms. Public transport of any kind should not be used
• if they are too unwell to go home or advice is required, contact 999 or 112 and inform them that the sick person is a COVID-19 suspect
• carry out an assessment of the incident which will form part of determining follow-up actions and recovery
• arrange for appropriate cleaning of the isolation area and work areas involved.

The HSE/ HPSC published a Schools pathway for Covid-19 on 24^th August. It sets out the action that should be taken by the public health authorities and schools if there is a confirmed case in the school. INTO has prepared a short Guide to this document.

The Medical Officer of Health will liaise directly with the school and inform them of any confirmed cases, and will undertake a risk assessment to inform schools further actions. Schools have been asked to provide a contact number so that they can be contacted outside of school hours if necessary.

If a child in your class/ a colleague is diagnosed with Covid -19, the HSE contract tracing process will be activated. Contact tracing identifies people who were in close contact with someone who has coronavirusSchools are required to keep a list of visitors to schools for the purposes of contact tracing. Staff should be encouraged to download the Covid Tracker app to assist in the identification of close contacts. Schools are also required to prepare a summary of key information which can be given to the public health authorities to inform their risk assessment.

If through this process you have been identified as having had close contact with a confirmed case, the HSE contract tracing team will contact you through a call from a contact tracer, or an alert through the Covid -19 tracker App. They will arrange a test for you and advise you to restrict your movements for 14 days. If you are advised by the HSE that you should restrict your movements, you should not attend work, and will be on Covid- 19- Restricted Movement leave, as per Circular 49/20.

In a letter to all schools on 28^th August, the DE advised  that “The response to confirmed cases or outbreaks of Covid-19 in the community or in a school is the responsibility of and will be led and managed by Public Health HSE.  Any actions to be taken by the school will be communicated directly by Public Health HSE.  School management will be informed as and when such actions such as exclusion of children or staff; partial or full closure, are deemed necessary on public health grounds.  If the school is not so informed, it has not been deemed necessary by Public Health.”

Yes, schools are required to put physical distancing measures in place. The Roadmap for the Full Return to School notes the public health advice, which recognises that physical distancing in a school context has some specific elements acknowledging that:

“The principle of distancing can be usefully applied in the school setting, allowing for some flexibility when needed. However, it must be applied in a practical way, recognising that the learning environment cannot be dominated by a potentially counterproductive focus on this issue”

Schools are being advised that physical distancing has two elements (i) increasing separation; and (ii) decreasing interaction.

Increasing separation means that all available space in the school should be availed of in order to safely maximise physical distancing and that classroom space should be reconfigured to maximise physical distancing. This may involve the removal of nonessential furniture from classrooms, and the utilisation of all available space in the school. It may also involve reorganisation of class groups to maximise the use of rooms of different sizes.

It is recommended that where possible, a distance of 1m should be maintained between desks or individual pupils. However, it is recognised that younger children and some children with special education needs are unlikely to maintain this distancing. The DE has provided a number of illustrative classroom layouts to demonstrate how physical distancing can be applied. It is recommended that staff and children use the same workspace rather than moving around, and do not share equipment or books.

A common-sense approach is required in recognising the limits to which decreasing interaction between pupils can be achieved depending on the school setting. The objective is that each teacher and class grouping mix only with their own class to the greatest extent possible.  Classes may also be divided into pods (groups) with less interaction between those groups. Class groupings should have separate play areas/ times as far as possible. Arrangements should be made to ensure that children do not congregate when entering or leaving their classrooms.

The public health advice also states that a distance of 2m should be maintained between staff when they are not engaged in teaching, for example on breaks, when arriving for / leaving school and in and around the school building. Staff meetings may be held remotely, or in small groups in large spaces to facilitate physical distancing. Staff should also be mindful of maintaining 2m physical distancing in interacting with parents, for example when they are leaving or collecting children from school.

Yes. The School Covid Response Plan states that staff have a statutory obligation ( under the Health Safety and Welfare at Work Act) to take reasonable care for their own health and safety and that of their colleagues, and sets out the duties which are included in this, including adhering to physical distancing, good respiratory etiquette and completing the Return to Work form.

It should be borne in mind that any failure to adhere to a school policy may be dealt with by management through the normal disciplinary process for schools, beginning with the informal stage.

Any concerns which a member of staff has in relation to Covid-19 related issues should be discussed with the Lead Worker Representative, who can make representations on behalf of their colleagues and work collaboratively with the board to ensure, as far as is reasonably practicable that the measures are in place.

The role of the Health and Safety Authority is to ensure compliance with the Return to Work Safely Protocol. If an employee feels the workplace is not in compliance with this protocol which includes social distancing guidelines, they can raise their concerns with the HSA and they will address the concerns with their employer. You can make a complaint using the HSA’s online complaint form. You should raise your concern with your principal/ board first to give them the opportunity to address the issue.

Yes. The School Covid Response Plan states that staff have a statutory obligation ( under the Health Safety and Welfare at Work Act) to take reasonable care for their own health and safety and that of their colleagues, and sets out the duties which are included in this, including adhering to physical distancing, good respiratory etiquette and completing the Return to Work form.

The procurement process allowed for higher grade masks for SNAs and teachers in a Special Class setting owing to the nature of the work and close contact with children.  If a teacher / SNA has been provided with personal protective equipment (PPE) which they feel is not of the required standard, they should raise this issue with their school principal and /or Board of Management and schools can acquire medical grade masks where necessary. The Department of Education will be reviewing the funding to schools later in the year for the January – March 2021 period and this expense could be taken into account then.

No. In upholding the values of Circular 13/2017, Special Education Teams will continue to deliver support in usual way. Whilst schools have autonomy to deploy SET resources, the principles of the above circular still apply and a school is not permitted to redeploy Special Education Teacher(s) to mainstream classes to reduce class size.

The circular sets out the allocation process for Special Education Teachers (SETS)

to mainstream primary schools. It states that schools should ensure that the additional SET supports are used in their entirety to support pupils identified with special educational needs. The additional Teaching Resources which are being provided under this model cannot be used for mainstream class teaching, or to reduce the pupil teacher ratio in mainstream classes.

Yes. The deployment of SETs and SNAs must address the needs of the cohort of pupils who require support. In light of Covid-19 safety measures, minimisation of interaction is a key consideration, however, the Department of Education in their advice to schools recognise that this is not always possible.

As per public health advice and Department of Education guidance in the Covid-19 Response Plan for the Safe and Sustainable Reopening of Schools movement should be limited as much as possible – “to the greatest extent possible, children will be in the same class bubble”.

Access to resources, the use of Personal Protective Equipment (PPE), and the provision of cleaning materials so that staff can clean their own desk & workspace after each “bubble” interaction should also be factored into the arrangements.

The space available to SET team / number of rooms in the school building will dictate whether or not children can be withdrawn.

If teachers have access to a room, they will be responsible for

• ensuring that their workplace is clean and sanitised
• promoting hand hygiene and good coughing / sneezing etiquette with pupils
• limiting interactions (as far as practicable)
• maintaining a safe distance (as much as possible). In the SET context, it is inevitable that teachers will not be able to keep the same level of distance from pupils and all times. In these circumstances, teachers may be required to use enhanced PPE.

School Leaders and Management team will consider the needs of the pupils in organising the deployment of the SET team. Pupils with special educational needs, those children at risk of educational disadvantage, pupils with English as an additional language (EAL) and children experiencing homelessness or living in direct provision have been the most adversely affected by the interruption of formal schooling and therefore their need for additional support will be exacerbated by events of recent months and disruption to their schedule.

Special education teaching supports provided to schools should be used solely for the support of pupils with identified special educational needs, including those pupils for whom English is an Additional Language (EAL). The special education teaching supports cannot be used to reduce the pupil-teacher ratio in mainstream classes. Neither can they be used to allow any special education teacher sole responsibility for the delivery of any curriculum subject to any particular class.

The principle of integration is central to the Special Class model, and as such it should continue. The education of the pupil is the key priority. It follows that the pupil can be part of two bubbles for this purpose, and the integration should be in line with the social distancing measures in place for the mainstream classes.

As with the movement of SETs and SNAs, movement between “bubbles” must be minimised, but it some cases it cannot be avoided.

As per advice in the circular, travel during the course of the school day is not recommended and should be avoided if at all possible. If a teacher is shared between schools, it is preferable that his/her timetable is organised in such a way as to allow support to be delivered in whole day blocks in the one school.

The department has provided additional staffing resources which will help to minimise the movement of staff within and between schools. It is recognised that there will continue to be movement of staff between schools, albeit perhaps at a reduced level.

See additional information here.

The sharing of materials among pupils should be minimised. Where possible, children should have their own individual resources, for example: textbooks, pencil cases, art equipment and musical instruments. Some resources can be shared when necessary, but strict adherence to the Department of Education COVID-19 response plans for the safe reopening of schools must be maintained:

Shared electronic devices such as tablets, touch screens and keyboards should be cleaned thoroughly between use. The use of wipeable covers for electronics is recommended to facilitate cleaning.

Similarly, sharing of sports equipment and musical instruments should be minimised but where it is not practicable to provide pupils with their own individual piece of equipment, the shared resource must be cleaned between uses.

Where practical, students should have their own books. Textbooks that are shared should be covered in a wipeable plastic covering that can be wiped with a suitable household cleaning agent between uses. Students should be encouraged to perform hand hygiene before and after using any shared item.

Teachers will need to adapt their class library to ensure adherence to the Department of Education COVID-19 response plans for the safe reopening of schools. Books should be covered in transparent, wipeable plastic covering that can be cleaned with a suitable household cleaning agent between uses. Students should be encouraged to perform hand hygiene before and after using any shared item. Children should be encouraged to make careful choices and minimise handling of books.

Teachers may segregate books available into separate plastic boxes (preferably with lids) and allocate a box to each “pod” within the class bubble. Returned books should be quarantined for a period of 72 hours.

Again, there must be a strong emphasis on hand hygiene at all times. Where possible, children should have one notebook / copybook for homework exercises and the use of plastic, wipeable covers is advised to enable cleaning before and after handling.

Pupils may bring a lunchbox/water bottle to school, but they should be the only person to handle these items during the school day and should not share or swap their lunch with other children.

The virus that causes COVID-19 survives for longer on hard surfaces like lunchboxes and water bottles, compared to soft fabrics like clothing, so these items should only be used by one child and should be cleaned daily with regular household cleaning products.

A designated teacher from within the school staff. School leaders will have flexibility and discretion to redistribute their existing support resources. For example, Special Education Teachers (SETs) can be assigned to pupils who have special education needs to provide and monitor adapted education provision for children in this category.  There may also be teachers within the staff who themselves are deemed to be at ‘very high risk’ and are available to work from home. Such teachers could support pupils who are learning from home.

For schools who do not have a member of their teaching staff working from home, they may organise for a designated teacher from another school (who has been certified as ‘very high risk’ and is working remotely) to provide continuity of supports to pupils who are at ‘very high risk’ to Covid-19.  Local Education Centres will compile a list of schools in a region that have teachers in this category.

The Class teacher may decide that they themselves are best placed to meet the needs of the pupil(s) most appropriately at very high risk.  Such a decision must be made in consultation with school leadership.

No. Pupils and parents who are experiencing a high level of anxiety, to the extent that they choose not to return to school, should receive support and reassurance from the school. It is understandable that some parents will harbour an element of concern as children return to schools following a prolonged absence, but schools can assure parents that they have been provided with guidelines from the DES in relation to class size management, implementing social distancing etc. to ensure a sufficiently safe learning environment. Parents can access these guidelines, which are based on public health advice and informed by best practice internationally, here.

The National Educational Psychological Service (NEPS) have developed resources for parents, pupils and teachers on anxiety. NEPS will be available to advise schools on how best to support pupils and parents in this cohort.

Pupils identified as at risk of early school leaving should also be supported in the usual manner and schools are not expected to use adapted education provision / remote learning. TUSLA Education Support Service (TESS) have indicated that they will prioritise supports for schools in relation to return to school and school attendance for children in this category during the months of September and October.

TESS have also devised a useful set of Frequently Asked Questions for parents which can be accessed here.

Children who hold a medical certificate stating that they are at ‘very high risk to Covid-19’ and are therefore instructed to remain at home, as per public health advice, should be marked present. All pupils other than those in the ‘very high risk to Covid-19’ group will only be marked present when they attend school.

In cases where families are experiencing socio-economic disadvantage or do not have access to the necessary technology, the school should provide pupils with access to one of the pooled devices to support remote learning. If no devices are available, the school may be able to purchase the required materials using the Department of Education ICT grant (April 2020).

Some pupils may not have adequate connectivity to support online learning and in such instances, schools should explore alternative options such as sending materials via post, phone calls to parents and pupils, or using email or text as a means of communicating.

A clear channel of communication must be established from the beginning of the school year. An agreed online platform should be utilised to facilitate clear, consistent two-way home-school communication.

For children who are medically certified as “very high risk to Covid-19”, the designated teacher must ensure daily contact with the pupil to meet the required level of guidance and support to maintain progress in learning.

Collaboration with the class teacher and frequent, effective communication is paramount to ensure that this process runs smoothly

Education centres will identify schools in their locality where there are teachers available to work from home and compile a list of same. This will assist school leaders in linking pupils who are at ‘very high risk’ with a designated teacher.

Local Education Centres will provide guidance for schools in accessing support for those engaged in remote teaching, facilitating support (as appropriate) from PDST.

Teachers should aim to provide opportunities for pupils at ‘very high risk’ to interact with their peers, albeit in a remote setting, by setting project work that can be completed as part of a group / pair work.

Regular engagement with pupils who are learning from home is imperative to support their emotional development and minimise the difficulty they might experience reintegrating with the school community upon their return.

It is suggested that opportunities for group work / interaction on a whole class level be provided at least once each week.

Teachers will continue to plan in the usual manner using agreed school planning templates and their normal preparation strategies incorporating different methodologies and strategies where possible.

There should be a balance of guided and independent tasks across all curricular areas. Teachers should endeavour to provide a range of teaching and learning strategies to stimulate and engage the pupil. Tasks selected should be carefully prepared to meet the individual needs of the pupil including language needs and the needs of pupils with SEN.

The use of thematic approaches to learning will help pupils learning from home to experience a broad curriculum that incorporated a range of subjects including Social, Environmental and Scientific Education (SESE) and the Arts as well as the curricular areas identified earlier.

Teachers are expected to provide supportive, constructive, and timely feedback to pupils who are at very high risk to Covid-19 and are learning from home. Pupils should be afforded regular opportunities to demonstrate their level of understanding and learning progression. It is important that the teacher takes into account the voice of the pupil to gain an insight into his / her level of engagement with distance learning

In keeping with guidance for teachers on curriculum matters for the 2020-2021 school year, pupils who are learning from home should experience a curriculum in which the following are prioritised:

• Social, Personal and Health Education (SPHE)
• Physical Education (PE)
• Language

An emphasis must be placed on pupil wellbeing and this can be supported through lessons and learning opportunities in SPHE and PE.

Teachers should highlight the importance of using the environment to allow for enriching learning experiences and promote active learning which is a key aspect of the child-centred 1999 primary curriculum.

No. As per Circular 11/01 ‘Retention of Pupils in Primary Schools’ the Primary Curriculum is designed as an eight-year course and skipping one year is not permitted. Teachers will meet the needs of pupils with exceptional academic ability through differentiation.

The focus of the Inspectorate’s work in the first term of the 2020/2021 school year will be on supporting schools and they will act in an advisory capacity as schools manage the re-integration of pupils following the prolonged closure.

Mandatory aspects of the SPHE programme, including Stay Safe and RSE, should be prioritised in the new school year.

For children who are learning from home, class teachers, designated teachers and parent(s)/guardian(s) will agree approaches to these areas in line with school policies.

Tasks assigned to pupils in infant classes must reflect the active, hands-on nature of their classroom learning experiences.  Online approaches in isolation are not conducive to effective learning experiences for younger children. Teachers may provide opportunities for younger pupils to share their learning activities with their peers.

Parent(s) / guardian(s) should be provided with

• Home learning packs / hard copies of learning materials
• Suggested hands-on activities promoting early literacy and numeracy skills that can be carried out at home.
• Appropriate games to consolidate learning in early literacy and numeracy.

The class teacher has primary responsibility for the learning of pupils in his / her class.

Class teacher must collaborate with the relevant special education teacher (SET) to review the pupil’s priority learning needs and plan accordingly (in line with Continuum of Support).

The pupil’s Individual Education Plan (IEP) / support plan should be developed in cooperation with the class teacher, the pupil, and his / her parent(s)/guardian(s).

Any additional support that would normally be made available to a pupil in the school setting (for example, support for behavioural, emotional and social needs, support for literacy and numeracy or EAL) must continue to be provided.

Frequent communication between the class teacher, designated teacher and SET regarding curricular content and classwork will be necessary.

Goals and strategies identified in the IEP / support plan will be reviewed and updated as required.

A special education teacher in the ‘very high risk’ category who is working from home may support pupils with SEN across a cluster of schools.

The Professional Development Support for Teachers will:

• Offer guidance to schools and teachers in supporting schools at home.
• Provide tailored support to schools, on request.
• Assist with specific queries relating to teaching, learning and assessment practices in a blended learning context.

The NCSE, COGG and Scoilnet websites offer a range of materials to support learning at home.

https://www.pdst.ie/

https://ncse.ie/

https://www.cogg.ie/

https://www.scoilnet.ie/

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4. School Day/Supervision/Substitution

The length of the school day is set out in Circular 11/95 – Time in school as follows

In order to facilitate the safe arrival and dismissal of pupils, schools may use the 20 minutes set down for “assembly, supervision, preparation” as this does not entail the lengthening of the school day for pupils or teachers.

Recognising the unprecedented circumstances, some teachers may also agree to undertake additional supervision duties before or after school on a goodwill basis, following consultation between staff and management.  Alternatively, a school may decide to allocate time from Croke Park hours for supervision.

If your school has decided to lengthen the school day without consultation, you should seek an opportunity to have this reviewed at an early date and in line with the information above.

Under the Organisation of Working Time Act, employees are entitled to a fifteen-minute break during the first six hours of their working day. The current health crisis does not remove this entitlement, and employers should ensure that their supervision rotas provide for adequate break times for staff.

The school day circular, 11/1995, provides for forty minutes of breaks/recreation for pupils during the school day, but teachers’ duty of care to their pupils extends through that time, and teachers are not entitled to the entirety of this time as a break.

The level of supervision required in each school is a matter for the Board of Management, taking into account factors such as age, maturity and number of pupils as well as the topography of the area that requires supervision. All teachers have a duty of care to their pupils throughout the school day, but supervision at mid-morning and lunch time breaks can be covered on a rota basis. Arrangements for supervision are governed by Circular 33/2013. Teachers are required to provide up to 43 hours of supervision for mid-morning and lunch time breaks. In some small schools, teachers provide in excess of this.

The guidance on physical distancing contained in the Roadmap for Full Return to Schools states that “different Class Bubbles should where possible have separate breaks and meal times or separate areas at break or meal times [or this could be different class years i.e. 2nd class, 3rd class etc.]” and that “staff members who move for class bubble to class bubble should be limited as much as possible”. The Roadmap also acknowledges that the risk of transmission is lessened outside, so with physical distancing in place teachers can safely supervise children from outside their “bubble” in the school yard.

This also facilitates staff breaks. In accordance with the Organisation of Working Time Act, all employees are entitled to a 15 minute break during the school day.

Where revised arrangements have been put in place without consultation with staff, you should seek an opportunity to have this reviewed at an early date and in line with the information above.

All absences in primary schools are now substitutable including those where previously no substitute could be appointed, including for

• All Covid leave
• All sick leave, including self-certified sick leave
• Family illness leave, including for first day
• Marriage/Civil Partnership Leave
• Ordination/Profession of Immediate Family
• Conferring of Teacher/Immediate Family
• Wedding of Immediate Family/Near Relative/In-Law
• Witness in Court
• Legal Separation
• Candidate in Local Election
• Membership of Public Bodies
• Exam Leave
• Study Leave

In respect of EPV days, For the 2020/21 school year, the Department will provide substitute cover for the first day of EPV Leave taken by a teacher in the school year. Subsequent EPV Leave may be taken only where the effect on the school’s operation, including its COVID-19 Response Plan, is minimal and where this can be enabled without disruption to the teaching of the class and without the division of the class group between other classes. Where it  is not possible for a teacher to take their total EPV Leave during the 2020/21 school year, accumulated untaken EPV Leave will be carried over to be taken in the 2021/22 school year, subject to a total maximum of five days EPV in 2021/22.

The DES has established 100 supply panels, employing 300 fixed term teachers to provide substitution in over 2000 schools. These panels provide cover for short term absences in the schools included in the clusters. in addition, teachers on career break can carry our substitute work without restriction and teachers who are job sharing can carry out substitute work in their own schools.

The Teaching Council has also announced a number of measure to increase teacher supply, including:

• On an exceptional, time-bound and once-off basis, allowing teachers who have qualified outside of Ireland but who have not completed the required period of induction in the country in which they have qualified to complete their induction in Ireland.
• The Higher Education Institutes are to put in place measures, including reorganisation of timing and delivery of courses,   which will facilitate the availability of registered teachers (generally PME students registered as teachers  under the Further Education route) to be available to schools as an additional resource including for substitution at primary level.
• A campaign is to be launched encouraging registered teachers who work part-time or sporadically to carry out more work

INTO has released an enhanced version of our popular Subsearch service which is now available to INTO members. TeacherConnect is a brand-new member service which offers an enhanced service to members available for substitute work and to schools seeking to fill a substitute position.

To access the new service visit https://teacherconnect.into.ie.

Circular 49/20 sets out that an employer may grant special leave with pay where an employee has:

• An appropriate HSE or medical confirmation of COVID-19 diagnosis, or
• A HSE recommendation to self-isolate, including while awaiting a test, or test results; or
• Is restricting his/her movements in accordance with the HSE Guidelines because they have been advised that they are a close contact or live with someone who has been diagnosed with Covid-19.
• Is in the very high risk group as defined by the HSE

Substitution for such days will be paid by the DE. Any special leave with pay granted for the purpose of diagnosis of COVID-19, self-isolation or restricted movements or because a teacher is in the very high risk category will not be counted as part of the employee’s Sick Leave record.

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

You must inform your school that you have tested positive for COVID-19. You will need to complete the Application Form at Appendix A of Circular 49/20 and submit it to your Board/ ETB with medical/ HSE certification, including estimated date of fitness to return to work. Special leave with pay will be granted by the employer and the appropriate leave (Covid-19 –Diagnosis) entered on the Online Claims System (OLCS).

The Occupational Health Service (OHS) advises that in a confirmed COVID-19 infection, an employee needs to be 14 days post onset of symptoms and also 5 days fever free (which may run concurrently) before returning to the workplace. It should be noted that the 14 days is from the onset of symptoms and not the date of receiving a positive COVID-19 test result.

The HSE will activate contact tracing and advise your close contacts that they need to restrict their movements for 14 days.

You will be medically/HSE advised to self-isolate while you wait for a COVID-19 test appointment and test results, generally because you have symptoms of Covid-19.  You must arrange a COVID-19 test as soon as possible and must immediately inform the employer of the COVID-19 test result.

You must inform your school that you are self isolating. You should complete the Application Form at Appendix A and special leave in Circular 49/20 (Covid-19 leave: Self-Isolation) with pay will be granted by the employer and applies up until the COVID-19 test result is obtained. Where the COVID-19 test result is positive, you will remain on special leave with pay and must be recorded by the school as ‘COVID-19: Diagnosis’ on the OLCS/relevant ETB system.

You will be medically/ HSE advised to restrict your movements if you have no symptoms but you are a close contact of a confirmed case, or live with someone with symptoms. You must arrange a COVID-19 test as soon as possible. You must complete the Declaration Form at Appendix B of Circular 49/20 and return it immediately to the employer, accompanied by medical certification (GP/HSE) including date of fitness to return to the workplace. You remain available for work,and should contact your principal in relation to working remotely for the 14 day period. A sub will be appointed for you, and your leave will be recorded on the OLCS/relevant ETB systemas Covid-19 –Restricted Movement.

If you live with someone who has symptoms and is awaiting a test, it may not be recommended that you to arrange a test, pending the outcome of the persons test. If the person you live with has a negative test, you no longer need to restrict your movement and you can return to work immediately.

If a sub teacher is offered a contract of more than 40 days in duration then they are considered to be a non-casual sub from day one of that contract (with the exception of covering a long term sick leave absence). In this instance, a non-casual sub would have access to broadly the same entitlements as their temporary and permanent colleagues for the duration of their contract. Therefore, a non-casual sub would have access to special leave with pay should they have a diagnosis of Covid, be medically advised to self-isolate, or restrict their movements.

Casual subs do not have a contract of employment and therefore, have no entitlement to paid leave from the DES. However, teachers in this situation should contact the DEASP to check whether they are eligible for the Covid 19 Enhanced Illness Benefit.

The DEASP stipulates that to qualify for COVID-19 enhanced Illness Benefit, you must:

• Be aged between 18 and 66
• Have a medical certificate called a ‘Certificate of incapacity for work’ from a doctor or have a text or letter notification from the HSE to support your application
• Be employed or self-employed and have worked in the 4 weeks before the date of your medical certification
• Have a current contract of employment, if you are an employee

To submit a claim for this benefit, a casual sub will need to have worked a day in the preceding four weeks. For more information please contact the DEASP.

The current Government advice is not to travel overseas. Any person coming into Ireland, (apart from Northern Ireland and individuals arriving in Ireland from locations with a security rating of normal precautions – “Green List”), is required to restrict their movements for 14 days.

If you intend to undertake non-essential travel overseas to a country which is not on the Green List, you should make provision for the 14 day period of restricted movement, by way of an Unpaid Leave application, in line with the normal terms and conditions as set out in Chapter 11, Circular 54/19. A sub will be paid in this case.

You must advise your school in writing in advance of such travel abroad and to include the travel details. This requirement is necessary for the protection of public health.

If you return from a “Green List” country, there will be no requirement to restrict your movements. However, you should still notify your employer in advance in writing of your intention to travel, as the “Green List” will be regularly reviewed and may change, and you should be aware that whatever restricted movement requirements are in place on their date of return will apply.

INTO is currently seeking clarification in relation to essential travel (eg for medical treatment) in non green-list countries. We will update this information as soon as possible.

The list of people in very high risk groups includes those who:

• are over 70 years of age – even if they are fit and well
• have had an organ transplant
• are undergoing active chemotherapy for cancer
• are having radical radiotherapy for lung cancer
• have cancers of the blood or bone marrow such as leukaemia, lymphoma or myeloma who are at any stage of treatment
• are having immunotherapy or other continuing antibody treatments for cancer
• are having other targeted cancer treatments which can affect the immune system, such as protein kinase inhibitors or PARP inhibitors
• have had bone marrow or stem cell transplants in the last 6 months, or who are still taking immunosuppression drugs
• have severe respiratory conditions including cystic fibrosis, Alpha-1 antitrypsin deficiency, severe asthma, pulmonary fibrosis, lung fibrosis, interstitial lung disease and severe COPD
• have a condition that means they have a very high risk of getting infections (such as SCID, homozygous sickle cell)
• are taking medicine that makes them much more likely to get infections (such as high doses of steroids or immunosuppression therapies)
• have a serious heart condition and are also pregnant

Current HSE advice for people in this category is that you need to cocoon.  If you are unsure if you need to cocoon or not, talk to your doctor.

If you fall into this very high risk category, you should consult your GP / consultant in advance of return to work and seek their advice. You should complete the online Occupational Health Service (OHS) Covid -19 Risk Assessment immediately and submit it to the OHS, with a Report from your treating consultant. You should inform your principal that you believe you are in the very high risk category and are required to cocoon.

You will also be required to advise your school in the Return to Work form that you are in this category.

Medmark will provide you with a Risk Assessment Report. Where that Report advises that you are in the very high risk category, and cannot attend the workplace, you must fill out the Declaration Form at Appendix C of Circular 49/20 and submit to your school. Where you are medically fit for work, you should work from home as to the maximum extent possible. You may be assigned work in supporting children in the very high risk category, or other work assigned by your principal. A substitute teacher will be appointed to carry out your normal teaching duties.

The list of people in high risk groups as defined by the HSE includes those who:

• are over 60 years of age
• have a learning disability
• have a lung condition that’s not severe (such as asthma, COPD, emphysema or bronchitis)
• have heart disease (such as heart failure)
• have high blood pressure (hypertension)
• have diabetes
• have chronic kidney disease
• have liver disease (such as hepatitis)
• have a medical condition that can affect your breathing
• have cancer
• have a weak immune system (immunosuppressed)
• have cerebrovascular disease
• have a condition affecting your brain or nerves (such as Parkinson’s disease, motor neurone disease, multiple sclerosis, or cerebral palsy)
• have a problem with their spleen or have had their spleen removed
• have a condition that means you have a high risk of getting infections (such as HIV, lupus or scleroderma)
• are taking medicine that can affect their  immune system (such as low doses of steroids)
• have obesity

In accordance with public heath advice , a teacher in this category who is not ill must attend the workplace, unless advised otherwise by the Occupational Health Service (OHS). You should take extra care to:

• practice social distancing where possible
• wash your hands regularly and properly

You are not obliged to disclose your condition on the Return to Work form. However, if you are concerned about your health and your fitness to return to work, you should consult your doctor and get their advice. If your doctor states that you are unfit for work, you will be on sick leave in accordance with the normal provisions (see Chapter 1 of Circular 54/19).

In accordance with Circular 49/20, if you are fit for work but where you have concerns about close contact with pupils for prolonged periods, you can seek advice from the OHS by completing the OHS Covid -19 Risk Assessment and submitting with a report from your treating consultant to the OHS.

The OHS will provide you with a Risk Assessment Report. Where that Report advises that you are in the very high risk category and cannot attend the workplace, you must fill out the Declaration Form at Appendix C of Circular 49/20 and submit to your school. Where you are medically fit for work, you should work from home as to the maximum extent possible.

Where an individual feels that they have been placed in an incorrect risk category a review process has been put in place by Medmark. Individuals should email Medmark to request a review as follows:

• The employee sends an email to cork@medmark.ie
• In the Subject box they type in “Risk Assessment Review”.
• They may attach additional medical evidence should they wish to do so and should include their name and date of birth.

The review will be undertaken by a team of four specialist occupational physicians who re-evaluate the medical evidence and deliver a consensus opinion on the risk categorisation. If someone is considered borderline Medmark indicates that it is highly likely they will be given higher categorisation.

If your treating doctor/ consultant deems that you are unfit for work, you should provide certification to your school and, if you pay Class A PRSI, you must apply for Illness Benefit for absences in excess of six days, including Saturdays . Please note to apply for Illness Benefit you must submit your IB1 and Med1 forms directly to the DEASP in a timely manner to ensure payment. You can obtain these forms for your doctor. Paid sick leave will continue in line with the provisions set out in Chapter 1 of Circular 54/19.

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

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 the school/ principal will follow the dates of the certificate and can end the sick leave accordingly. The principal can accept the teacher’s own doctor’s confirmation of their fitness. You will need to complete a Return to Work form.

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 members who are referred to them.

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, and must be in accordance with the rules for the leave as set out in Circular 50/19.

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 child-care.

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.

Career Breaks

In accordance with Circular 54/19, a return to duty in the school/ETB which granted the Career Break is not permitted other than at the beginning of a succeeding school year. A teacher on a Career Break who wishes to resign from his/her teaching post must notify the employer in writing in accordance with the teacher’s terms of employment. If a teacher resigns from the Career Break during the course of the school year, that year will be deemed to be a full school year for the purposes of the maximum number of years allowed under the Career Break Scheme.

Jobsharing

In exceptional circumstances, the employer may permit a Job Sharing teacher to withdraw from the Job Sharing Scheme and return to his/her original teaching post earlier than expected if he/she can be accommodated within the approved staffing allocation, subject to contractual arrangements. However, such an application may not be considered beyond 1 st November.

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.”

The HSE advises that “the information we have so far shows that pregnant women are not at-risk. This means that if you are healthy, you do not have a higher risk of serious illness if you catch coronavirus while pregnant.” Pregnant women are advised to take the normal measures to protect themselves, by washing their hands, social distancing and staying at home. In relation to attending work, the HSE advises that if you cannot work from home, you practice social distancing.

If you have any concerns about your fitness for work, you should consult your doctor. If your doctor believes you are unfit for work, the sick leave provisions contained in Chapter 1 of Circular 54/19, including the pregnancy related sick leave provisions, will apply.

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 advice on how to protect yourself from coronavirus. There is no provision for specific leave in the context of Covid-19, but the provisions of parental leave (if the vulnerable person is a child) or carer’s leave may apply.