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For Written Answer on : 18/06/2024
Question Number(s): 179 Question Reference(s): 26296/24
Department: Education
Asked by: David Stanton T.D.
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QUESTION
To ask the Minister for Education the supports in place to support teachers and special needs assistants who have been injured while working in the classroom and in schools; and if she will make a statement on the matter.
REPLY
I refer to your recent correspondence to the Minister for Education, Ms. Norma Foley TD, in relation to supports for Teachers and Special Needs Assistants have been injured while working in the classroom and in schools.
In accordance with Section 14 of the Education Act 1998, it is the duty of the Patron to appoint, where practicable, a Board of Management. The Board of Management is the body of persons or the person appointed by the Patron to manage the school on his/her behalf, including issues surrounding health and safety.
While the Department of Education has statutory functions in the setting of terms and conditions for teachers and Special Needs Assistants, the Department of Education is not the employer.
The Department of Public Expenditure, NDP Delivery and Reform (DPENDR) determines the terms and conditions of Leave Schemes for Public Servants, which includes teachers and SNAs.
The Sick Leave Scheme is contained in Circular 13/2024 for Registered Teachers and Circular Circular 14/2024 Special Needs Assistants Employed in Recognised Primary and Post Primary Schools. It provides for leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to illness or injury.
The leave available under this scheme is maximum of 3 months (92 days) on full pay in a year, followed by a maximum of 3 months (91 days) on half pay subject to a maximum of 6 months (183 days) paid Sick Leave in a rolling 4-year period.
An SNA who becomes incapacitated as a result of a critical illness or serious physical injury and has supporting medical evidence may, upon application, during the period of absence to which the application relates, be granted Critical Illness Provisions (CIP), in exceptional circumstances. The following limits will apply: A maximum of 6 months (183 days) on full pay in a year, followed by a maximum of 6 months (182 days) on half pay subject to a maximum of 12 months (365 days) paid Sick Leave in a rolling 4-year period.
Temporary Rehabilitation Remuneration (TRR) is a payment to support the rehabilitation of Techers and SNAs who are absent on extended sick leave and who have exceeded the threshold of 183 days under the Ordinary Illness Provisions or 365 days under Critical Illness Provisions in a rolling 4-year period. The rate of TRR is 37.5% of the remuneration that would otherwise accrue to the Teachers or SNA were they not on sick leave.
Where a teacher or SNA is injured as a result of physical contact from a third party causing physical injury in the course of their duties and during approved school activities, they may apply for leave under the “Leave of absence following Assault Scheme”. The provisions of this scheme are contained in the Department’s Circular Letter 0061/2017 for teachers and 0062/2017 for SNAs.
The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period.
A Teacher/SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.
The Employee Assistance Service, which is currently provided by Spectrum.Life, is available as a supportive resource for teachers and SNAs. The freephone confidential helpline is 1800 411 057 and is available 24 hours a day, 365 days a year. Supportive resources may include short term counselling (up to six sessions). If the EAS recommends additional short-term counselling sessions with the teacher or SNA, the Department can facilitate this request.