Dáil Éireann Debate, Tuesday - 30 April 2024
310. Deputy Donnchadh Ó Laoghaire asked the Minister for Education what protections are in place for teachers who suffer an injury at work and their ‘assault leave’ has expired, but they still remain certified as unfit to work; and if she will make a statement on the matter. [19045/24]
View answerThe Leave of Absence following Assault Scheme is contained in the Department’s Circular Letter 0061/2017 for teachers and 0062/2017 for SNAs. It provides for special leave with pay (subject to specified limits) to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.
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.
Any subsequent absence will be dealt with under the Sick Leave Scheme. When calculating a teacher’s entitlement, any Assault Leave/Leave of Absence following Assault granted in the previous four years from the current absence will be taken into account in determining access to leave under this scheme.
A Leave of Absence following Assault ends on:
• The ceasing of the certification by a duly qualified medical practitioner of the physical injury; or
• the maximum leave limits available under this scheme being exhausted;
• or certification of fitness to return to duties.
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. Circular 0013/2024 sets out the details of the Sick Leave scheme for teachers. Circular 0014/2024 sets the details of the Sick Leave scheme for SNAs.
The Employee Assistance Service 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.
The Leave of Absence following Assault Schemes for teachers and SNAs are currently the subject of review, to which the Department of Education, management representatives and Unions are all party.
