Primary Circular 10/05
PRIMARY BRANCH
TO: BOARDS OF MANAGEMENT, PRINCIPAL TEACHERS AND
TEACHING STAFF IN PRIMARY SCHOOLS
Sick Leave Scheme for Qualified Primary School
Teachers in Permanent and Temporary Posts
Index
1. Introduction
2. Entitlements to paid and unpaid sick leave
A. Permanent full-time teachers
B. Permanent job sharing teachers
C. Temporary teachers
3. Uncertified sick leave
4. Certified sick leave
5. Notification of sick leave
6. Replacement teacher for absences on sick leave
7. Resumption of duty following paid/unpaid sick leave
8. Procedures where a Board of Management has concerns regarding a teacher’s health
9. Withdrawal of recognition on medical grounds
10. Retirement on disability grounds
11. Teachers absent on sick leave who provide medical certificate of fitness to resume teaching prior
to a school vacation
12. Brief absences following a period of sick leave
13. Sick leave while on additional unpaid maternity leave (statutory 8 weeks leave)
14. Teachers on leave of absence for 1 year or more
15. Traveling abroad while on sick leave
16. Teachers on pension resuming duty in a permanent/ temporary capacity
Appendix A – Teachers certified as having pulmonary tuberculosis
Appendix B – Teachers certified as suffering from ME Syndrome
Teachers who have undergone transplant surgery
1. Introduction
1.1 The Minister for Education and Science wishes to outline the regulations and procedures regarding
the sick leave scheme for qualified primary school teachers in permanent or temporary posts. The
regulations and procedures are to be implemented by each Board of Management and all teachers
must adhere to the terms of this sick leave scheme.
The terms of Rules 93, 112 and 113 of the Rules for National Schools are hereby revised.
2. Entitlements to paid and unpaid sick leave
A. Permanent full time teachers
2.1 A permanent teacher is allowed a maximum of 365 days paid sick leave, certified and uncertified, in
any period of four consecutive years of service (this includes temporary service during the four
years). The sick leave period is calculated retrospectively and includes weekends and school
closures. A teacher with pulmonary tuberculosis can be granted an extended period of paid sick
leave, see Appendix A.
2.2 A teacher is informed by Primary Payments Section of the Department when s/he has completed
150, 200 and 250 days’ sick leave respectively. The Chairperson of the Board of Management is
also informed when a teacher has exhausted 200 and 250 days sick leave respectively.
2.3 A teacher who, on completion of the maximum period of paid sick leave, is unfit to resume duty may
be granted an extra period of unpaid sick leave not exceeding six months. (A teacher must exhaust
her/his maximum entitlement to paid sick leave before s/he can apply for unpaid leave.)
This period is extended on an exceptional basis in the case of a teacher with ME syndrome or a
teacher who has undergone transplant surgery, see Appendix B.
2.4 The following conditions must be met in order to receive an extra period of unpaid sick leave, not
exceeding six months -
permission from the Board of Management to take the period of unpaid sick leave
and
a detailed report from a recognised medical doctor being submitted stating the
nature of the illness and a prognosis that the teacher will be fit to resume teaching at
the end of the six month period. The report will be referred to the Chief Medical
Officer of the Public Service who will determine if the period of unpaid sick leave
shall be granted.
The period of unpaid sick leave, up to a maximum of six months, is allowed just once during a
teacher’s career. If a permanent teacher takes the six month period of unpaid sick leave or any part
of it, s/he loses the entitlement to unpaid sick leave for the remainder of her/his teaching career.
B. Permanent job sharing teachers
2.5 A job sharing teacher is required to provide a medical certificate from a qualified medical practitioner
after two consecutive days of absence due to illness.
Sections 1.1 to 1.4 above are also applicable to job sharing teachers.
C. Temporary teachers
2.6 A temporary qualified teacher may be granted a maximum of 91 days sick leave (certified and
uncertified) in a school year including weekends and school closures occurring within any period of
sick leave. There is no entitlement to carry over all or part of the 91 days to another school year.
2.7 A temporary qualified teacher who wishes to resume teaching after a period of 91 days sick leave in
a school year cannot do so without providing a medical certificate of fitness. In addition the
temporary qualified teacher may be referred for medical assessment by the Board of Management,
prior to resuming duty. If the teacher is deemed fit by the doctor, s/he may resume full-time teaching.
Any teacher who resumes without attending for medical assessment will cease to be paid
incremental salary by the Department until such time as s/he attends for same.
2.8 In the event that a temporary teacher is deemed unfit to continue teaching, salary will cease and the
teacher must be deemed fit by the Chief Medical Officer before s/he can obtain another teaching
position.
3. Uncertified sick leave
3.1 Qualified primary school teachers in permanent and temporary posts may take a maximum of three
consecutive days sick leave without providing a medical certificate. The Board of Management can
employ a substitute teacher from the first day of absence on uncertified sick leave.
3.2 The maximum number of uncertified sick leave days allowable in a school year is 31.
3.3 A teacher cannot take a period of uncertified sick leave immediately after certified sick leave. Where
a teacher takes a period of uncertified sick leave followed by certified sick leave the medical
certificate should cover the total period of the absence i.e. with effect from the first day of the
absence.
4. Certified sick leave
4.1 Where a teacher is absent on sick leave for more than three consecutive days a medical certificate
is required for the total period of the absence. Where a teacher is absent on sick leave prior to and
after a weekend or before and after a school closure, a medical certificate is required to include the
whole period.
If a teacher does not provide a medical certificate in respect of sick leave absences that exceed
three consecutive days, the days in excess will be deemed to be unapproved unpaid leave and will
constitute a break in service for superannuation, increment and PRSI purposes.
4.2 The medical certificate must state the name of the teacher, as it is known on the Department’s
record i.e. the name that is on the teacher’s payslip.
4.3 A medical certificate is a statement from a qualified medical examiner recognised by the Irish
Medical Council. It must be either (i) on letter headed paper signed by the examining doctor or (ii)
have the doctor’s official stamp affixed. The examining doctor must sign the medical certificate –
the signature of the doctor's secretary will not suffice.
4.4 The doctor must list the nature of the illness on a medical certificate and the exact period covered by
the certificate.
4.5 A medical certificate can only cover a maximum period of one month.
4.6 Where a teacher wishes to resume duty prior to the date specified on her/his medical certificate, s/he
must provide a medical certificate of fitness from the examining doctor as otherwise all sick leave as
recorded on the initial certificate will be counted towards the length of sick leave absence.
4.7 Under the Organisation of Working Time Act 1997, a teacher who is absent from work on certified
sick leave on a public holiday within the first 26 weeks of a consecutive sick leave period is entitled
to leave in lieu in respect of the public holiday. The leave in lieu should be taken directly after the
period of sick leave, or, as an exceptional measure, at a subsequent date with the agreement of the
Board of Management. A substitute teacher will be paid by the Department to cover leave in lieu.
5. Notification of sick leave
5.1 Any teacher who is absent from teaching duty due to illness must notify the Principal or the
Chairperson of the Board of Management immediately and should, where possible, state the likely
duration of the absence.
5.2 The Board of Management must advise the Department of all sick leave absences, both certified and
uncertified together with the appropriate forms (see section 5). The Board of Management should
advise the Department of Education and Science on the Salary Return Form where a teacher is
absent on sick leave and a replacement teacher has not been appointed. Please note that a teacher
paying Class A1 PRSI must forward, in addition to the medical certificate, an MC1 Social and Family
Affairs Claim Form (Disability/Injuries Benefit) to Primary Payments Section, Department of
Education & Science, Cornamaddy, Athlone, for absences of more than 3 days. The MC1 Claim
Form is available from GPs and should be obtained at the same time as a medical certificate. Failure
to submit the MC1 Social and Family Affairs Certificate will result in a deduction from salary
equivalent to the disability/injuries benefit amount.
5.3 Medical certificates should not be forwarded directly to the Chief Medical Officer. The certificate is
required in the Department for the purpose of recording of sick leave and to ensure accurate and
timely payment of the substitute teacher. If a teacher does not wish to submit the certificate through
the Principal/Chairperson of the school, it can be sent directly to Primary Payments Section.
6. Replacement teachers for absences on sick leave
6.1 A substitute teacher may be employed by a Board of Management to replace a permanent or
temporary qualified teacher absent from teaching duty on uncertified and certified paid sick leave
and for leave in lieu for public holidays which fall within the first 26 weeks of a continuous sick leave
period. Salary payment for the substitute teacher is issued by the Substitute Teachers Payroll on
receipt from the Board of Management of the Substitute Teacher Claim Form.
6.2 A temporary teacher may be employed by a Board of Management to replace a permanent or
temporary qualified teacher absent from teaching duty on unpaid sick leave. Salary payment will
issue for the temporary teacher on receipt of the Notification of Temporary Appointment Form from
the Board of Management.
6.3 A temporary teacher may be employed by a Board of Management when an unqualified person in a
temporary teaching post is absent on sick leave. This absence is classified as unpaid sick leave as
there is no provision to pay salary to an unqualified person in a temporary teaching post while
absent on sick leave.
6.4 Schools participating in the Supply Teacher Scheme should seek to replace sick leave absences in
the first instance from the Supply Teacher Panel (as per Circular 50/97).
If the supply teacher is on sick leave no replacement teacher is employed. The Board of
Management of schools within the Supply Teacher Scheme should use the Supply Teacher Return
Form to notify the Department at the end of each month of all sick leave absences where a
replacement teacher came from within the Supply Teacher Scheme, or where the supply teacher is
on sick leave.
6.5 Where there is a supernumerary teacher in a school, s/he acts as replacement teacher for sick
leave. If the supernumerary teacher is on sick leave no replacement teacher is employed. An
exception to this arises where a teacher and the supernumerary teacher are both on sick leave. In
such instance s one replacement teacher may be employed.
6.6 Schools must endeavour to employ a fully qualified teacher to replace a teacher absent on sick
leave. If a replacement teacher is not available other teachers in the school should co-operate with
local arrangements.
7. Resumption of duty following paid/unpaid sick leave
7.1 A permanent teacher cannot resume teaching following a period of paid sick leave of more than
three consecutive months without providing a medical certificate of fitness to resume full-time
teaching. This certificate should be provided to the Board of Management at least two weeks prior to
the proposed date of resumption of teaching duties.
7.2 A teacher may apply to the Board of Management to resume duty at or before the end of the unpaid
sick leave period, subject to the teacher furnishing a comprehensive report from a recognised
medical doctor stating that s/he is fit to resume duty. This report is referred to the Chief Medical
Officer who will determine if the teacher is fit to resume duty.
7.3 If the Board of Management has any concerns regarding the teacher’s proposed resumption of duty,
it may refer the teacher for an independent medical assessment prior to the proposed date for
resumption of teaching. It is recommended that each Board of Management should have a local
medical advisor for dealing with routine occupational medical matters preferably with some
occupational medical experience or training. When referral for independent specialist assessment is
required, the local medical advisor to the Board of Management should nominate the appropriate
specialist suited to the teacher’s underlying medical disorder. A teacher, who fails to attend for
independent medical assessment at the request of the Board of Management, will cease to be paid
incremental salary until such time as s/he attends for assessment. Costs in respect of the
independent medical assessment will be borne by the Board of Management.
7.4 If, following independent medical assessment, concerns remain regarding the teacher’s suitability for
return to work, all medical reports in relation to the teacher will be referred to the Chief Medical
Officer, for final decision as to the date of fitness to resume full teaching duties.
7.5 Where the Board of Management is satisfied that the teacher is fit to resume duty following
independent medical assessment, and the Board and the teacher agree the date to resume duty, the
period of time from when the teacher was first certified fit to resume until the day of resumption of
duty following the independent assessment will not be counted as sick leave.
7.6 If a teacher, to whom sick leave without pay has been granted, is not fit to resume duty at the end of
the six month period of unpaid sick leave, the teacher shall be deemed to have resigned from his/her
post (section 8 also refers.)
8. Procedures where a Board of Management has concerns regarding a
teacher’s health
8.1 Where a Board of Management has concerns about the health of a teacher, the Board may require
the teacher to provide a confidential medical report to the Chief Medical Officer outlining the state of
her/his health and a prognosis for continuing duty. The teacher must absent herself/ himself from
duty on paid sick leave until a decision has been made by the Chief Medical Officer.
9. Withdrawal of recognition on medical grounds
9.1 The Minister may deem a teacher ineligible for further recognition or may deem the teacher to have
retired, if s/he fails to comply with the Board of Management’s requirement regarding medical
assessment or if the medical report shows that the teacher is mentally or physically unable to carry
out her/his duties as a teacher.
9.2 A person who has been declared ineligible on health grounds for continued recognition as a teacher,
or who is deemed to have resigned/retired under the terms of sections 7.6 or 9.1 above, may appeal
to be examined by a medical referee appointed by the Minister. Such an appeal must be made
within fourteen days of the notification to her/him of ineligibility for continued recognition, or of the
decision to deem her/him to have resigned/retired, as the case may be. The appellant will be
required to furnish adequate medical evidence at her/his own expense in support of the appeal.
10. Retirement on disability grounds
10.1 A permanent teacher who is deemed medically unfit to continue teaching or who is on paid or unpaid
sick leave may apply for disability pension to the Department. Disability Pension Application Forms
are available from the Primary Pensions Section, Department of Education & Science, Cornamaddy,
Athlone, Co. Westmeath. The decision to award disability pension is made by the Chief Medical
Officer.
The Chief Medical Officer may refer the teacher for independent medical assessment. Any costs
incurred with this assessment must be borne by the teacher. If the Chief Medical Officer decides to
award pension then the teacher shall be deemed to have resigned from her/his post.
11. Teachers absent on sick leave who provide medical certificate of fitness to
resume teaching prior to a school vacation
11.1 Where a teacher is absent on sick leave before and after a school vacation period, the teacher is
deemed to be on sick leave for the whole duration. If a teacher provides a medical certificate of fitness
to resume teaching prior to or during a period of vacation, sick leave during the period of vacation
may be discounted. The advice of the Chief Medical Officer may be sought as to whether the vacation
period should have been discounted as sick leave if the teacher:
is on sick leave up to the school vacation or has resumed teaching duty within the last
two weeks prior to the school vacation
and
goes on sick leave again immediately after the school vacation or within two weeks after
the vacation period.
12. Brief absences following a period of sick leave
12.1 If a teacher wishes to take another form of leave (brief absence) immediately after being absent from
duty on sick leave, the Board of Management may, at their discretion, require a medical certificate of
fitness to resume full teaching duties before approving the leave. This includes where a teacher was
absent owing to illness up to a school closure and wishes to take another form of leave immediately
after the school closure. This does not apply where a teacher is due to take maternity/adoption and
paternity leave immediately following sick leave.
13. Sick leave while on additional unpaid maternity leave
(statutory 8 weeks leave)
13.1 Under the provisions of the Maternity Protection Amendment Act 2004, if a teacher has made an
application for additional statutory unpaid maternity leave or has commenced her eight week
additional unpaid maternity leave and subsequently becomes ill, she may cancel the application or
opt not to continue the additional unpaid maternity leave and apply for sick leave. (There is no
provision under this Act for a teacher to cancel her paid maternity leave and to apply for sick leave).
The Board of Management and the teacher must agree the date of termination of additional unpaid
maternity leave. The teacher will be deemed to be on sick leave and the procedures in relation to
sick leave will apply. The teacher will not be entitled subsequently to take the additional unpaid
maternity leave or any part of it not taken at the time of commencement of sick leave.
The Department should be notified immediately that the teacher is on sick leave, in order to to
facilitate the necessary salary adjustment. The status of the teacher replacing the teacher on
additional unpaid maternity leave will change from temporary to substitute. The temporary teacher
taking up employment to cover additional unpaid maternity leave should be made aware of the
implications for her/him of the teacher on maternity leave becoming ill.
13.1 Under the Maternity Protection Amendment Act 2004, if a male teacher, who is on unpaid leave
following the death of the mother of his child while on maternity leave, becomes ill, he may opt not to
continue with this period of unpaid leave and to apply for sick leave. (There is no provision under
this Act for a teacher to cancel paid leave approved in the event of the death of the mother of his
child and to apply for sick leave).
The Board of Management and the teacher must agree the date of termination of the unpaid leave.
The teacher will be deemed to be on sick leave and the procedures in relation to sick leave will
apply. The teacher will not be entitled subsequently to take any additional unpaid leave as a result of
the death of the mother of his child or any part of such leave not taken at the time of commencement
of sick leave.
14. Teachers on leave of absence for 1 year or more
14.1 A teacher who has been on long term leave of absence and who proposes to resume teaching duty
must submit to the Board of Management a medical certificate of fitness to resume duty. The
certificate of fitness must be submitted prior to resumption of teaching duty. This does not apply to a
teacher on maternity, adoptive, and carer’s leave.
15. Traveling abroad while on sick leave
15.1 A teacher, who wishes to leave the country while on sick leave, must notify the Department, through
the Chairperson of the Board of Management, of intention to travel. Such notification must be
accompanied by a report from a recognised medical practitioner stating the teacher is fit to travel.
15.2 Notification is not required if a teacher absent on sick leave is availing of the Treatment Purchase
Scheme operated on behalf of the Dept. of Health & Children for those unable to access medical
procedures within a reasonable time within their local health authority area.
16. Teachers on pension resuming duty in a permanent/temporary capacity
16.1 A teacher who has been awarded a voluntary pension or granted early retirement under Strand 3 of
the Early Retirement scheme must submit satisfactory medical evidence before s/he can resume
teaching duty in a permanent/temporary capacity in a primary school.
16.2 Teachers awarded disability pension may not subsequently apply for or engage in teaching except
where a full recovery is made. In such circumstances, fresh medical evidence must be submitted to
Primary Pensions Section of the Department, for review by the Chief Medical Officer, before the
teacher can take up any teaching appointment.
You are requested to ensure that the procedures outlined in this Circular are implemented
and that all teachers are made aware of the terms of this Circular.
The Circular can also be viewed on and downloaded from the Department of Education and Science
Website: www.education.ie under Education Personnel/Primary/Circulars & Information Booklets/Leave of
Absence.
Please note that queries regarding this Circular may be e-mailed to
primary_ [email protected]v.ie.
Johnny Bracken
Principal Officer April 2005
Appendix A
Teachers certified as having pulmonary tuberculosis
A permanent teacher who is medically certified as having pulmonary tuberculosis may be granted continuous
paid sick leave for a period not exceeding eighteen months from the date of the first medical certificate
diagnosing the ailment. The paid sick leave for pulmonary tuberculosis is granted subject to the following
conditions :
there is a reasonable prospect of recovery and return to teaching
on expiration of a period of twelve months the teacher shall be required to attend for medical
assessment
medical evidence must be submitted from a recognised medical practitioner that the teacher
is undergoing recommended treatment
in the consecutive four year period, the period of sick leave due to pulmonary tuberculosis
and other sick leave when added together will not exceed 24 months
the eighteen month period of paid sick leave will only be allowed once to a teacher during
his/her teaching career.
A teacher who has pulmonary tuberculosis shall not be permitted to resume teaching duty until s/he submits
a certificate of fitness to resume teaching duty and is medically certified by the Chief Medical Officer as fit to
resume full teaching duties.
Appendix B
Teachers certified as suffering from ME syndrome
A permanent teacher who is medically certified as suffering from ME Syndrome and who has exhausted
her/his twelve month paid sick leave entitlement, may be granted an extended unpaid sick leave period of up
to a maximum of eighteen months. The unpaid sick leave must commence immediately after the paid sick
leave is exhausted. The unpaid sick leave is granted subject to the following conditions
approval of the Board of Management
satisfactory medical evidence from a recognised medical practitioner that the
teacher is likely to be fit to resume duty at the end of the period of unpaid sick leave
approval by the Chief Medical Officer.
Teachers who have undergone transplant surgery
A permanent teacher who has undergone transplant surgery and is receiving immuno-suppressant drugs
and who has exhausted her/his twelve month paid sick leave entitlement may be granted an extended period
of unpaid sick leave up to a maximum of eighteen months. The unpaid sick leave must commence
immediately after the paid sick leave is exhausted. The unpaid leave is granted subject to the following
conditions
approval of the Board of Management
satisfactory medical evidence that the teacher is likely to be fit to resume duty at the
end of the period of unpaid sick leave
approval by the Chief Medical Officer.
