Provisions
Sick leave
Permanent whole-time teachers are entitled to full salary during absence due to illness for a period of up to 1 year – 365 calendar days - in any 4 consecutive years. Saturdays and Sundays are counted where a person has been absent on Friday and Monday. In calculating the year's leave of absence, periods of annual leave, during which teachers are on sick leave and for which full salary is paid, are taken into account. Where teachers have notified their employer in writing following the expiry of a medical certificate that they are fit and available for work then periods of annual leave which follow such notice are discounted.
Uncertified Sick Leave
In the Institutes of Technology and Vocational Sector a teacher/lecturer may take 3 consecutive days and not exceeding 7 days in a year without a medical certificate. If a teacher employed by the VEC is absent on a Friday and on the following Monday, then the absence will be recorded as 4 days' leave and a medical certificate will be required. Where a teacher is absent on either Friday or Monday, only the day on which the teacher is absent will be reckoned as sick leave. Teachers in Community and Comprehensive Schools may take 4 consecutive days, or no more than 10 school days altogether in a quarter, without medical certification, so a certificate is not required if the teacher is absent on Friday and Monday.
Maternity Leave
Maternity leave will consist of 26 consecutive weeks on full pay less any social welfare allowance payable on foot of a teacher’s social insurance. This paid leave is available to all permanent whole-time teachers and to temporary whole-time and eligible part-time teachers.
A teacher who intends going on maternity leave should submit, through the management authority of her school, a medical certificate confirming pregnancy and stating the expected week of confinement. The certificate must be submitted 4 weeks before she intends to go on maternity leave.
A minimum period of maternity leave must be taken, beginning not later than four weeks before the end of the expected week of confinement, and ending not earlier than four weeks after the end of the expected week of confinement.
At the end of maternity leave, a teacher will be given the option of:
(a) up to 16 additional weeks without pay, or
(b) leave of absence without pay, to the end of the school year, subject to discretion of the managerial authority concerned. The end of the school year is the end of August.
Agreement has been reached between the teacher unions and the Department to give leave during the school term in lieu of holidays which overlap with maternity leave, subject to a maximum of 30 working days.
Time off may be allowed for attendance at ante-natal and post-natal clinics. Evidence of appointment or attendance at the clinic will be required by the school authority.
Maternity leave will be granted irrespective of a teacher's sick leave record and will not reckon as sick leave. Sick leave following maternity leave will be allowed only if the school authority is satisfied that the teacher intends to return to her position when fit to do so. See CL21/97.
Non-Permanent Staff: Temporary whole-time or EPT teachers/lecturers are entitled to take 22 consecutive weeks paid maternity leave. There is no requirement under current provisions that an EPT/TWT teacher/lecturer have a number of weeks remaining of her contract to be entitled to paid maternity leave. Where a TWT or EPT teacher/lecturer’s employment would have terminated on the expiry of her contract, had she not been on maternity leave, the period of maternity leave shall not extend beyond the day on which her contract expires. Where a TWT or EPT teacher/lecturer’s contract is renewed, paid maternity leave will extend to the end of the 22 week period.
A teacher on maternity leave will be paid full salary by the Department of Education provided she:
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(i) signs a mandate authorising the Department of Social, Community & Family Affairs to pay any benefits due directly to the Department of Education.
(ii) makes the necessary claims for social welfare payments under the required time limits.
(iii) complies with whatever requirements are laid down by the Department of Social, Community & Family Affairs.
These requirements also apply to Part-time and Regular Part-time teachers/lecturers claiming Maternity Benefit from the Department of Social, Community and Family Affairs.
In the case of a stillbirth or miscarriage any time after the 24th week of pregnancy, the mother is entitled to full maternity leave.
From 1 March 2007 this means a basic period of 26 weeks and 16 weeks of additional maternity leave and the maximum of thirty days in lieu of vacation days.
Adoptive Leave
Adoptive mothers and sole male adopters are entitled to twenty four weeks paid leave and 16 weeks unpaid leave following the adoption and may take holiday leave which overlaps with adoptive leave to a maximum of 22 working days. Other regular part-time teachers may be entitled to unpaid adoptive leave, under legislation effective since 1991.
Paternity Leave
Paternity Leave allows fathers to take 3 days leave with pay in respect of children born after 1st January 2001. This leave may be taken at the time of birth or up to 4 weeks after the birth. The same provision applies in the case of adoption. A minimum of four weeks prior notice is required.
Leave on Marriage
On marriage during the school year, the teacher is entitled to 7 days special leave after the marriage with pay including the day of the marriage and a further 7 days without pay. This 7 days includes Saturdays and Sundays.
Compassionate Leave
A teacher/lecturer may be paid salary in respect of a period of absence necessitated by the illness or death of a near relative. Absences approved by the school authority arising out of illness of a family member, who is certified by a doctor as requiring constant care, and bereavement involving a family member are subject to the following limits. Five days in the case of a spouse, child or parent. Three days in the case of a brother, sister, grandparent, aunt, uncle or parent in law.
Parental Leave/Force Majeure Leave
Parental leave will apply to parents of children born on or after June 3, 1993. Each parent will be entitled to a total of 14 weeks unpaid leave for each child. Six weeks advance notice must be given. The leave must be taken before the child is five and parental leave is not transferable between parents. Parental leave can only be taken as one continuous period of 14 weeks or two separate periods of seven weeks or in a maximum of three separate periods with one of the periods being a minimum of two weeks and a second being a minimum of four weeks. At 3rd level parental leave may be taken in a manner agreed with the employer.
Parental leave is unpaid. ‘Force majeure’ leave for family emergencies is paid (in respect of illness or injury) for 3 days per year subject to a maximum of 5 days in any 36 month period. This provision is not in addition to the current arrangements for compassionate leave. See CL 21/97.
Carer’s Leave
The Carer's Leave Act 2001 provides for a new entitlement for an employee to avail of temporary unpaid leave from his/her employer to enable him/her to personally provide full time care and attention for a person who is in need of such care. The relevant person must be assessed by the Department of Social and Family Affairs as requiring full-time care and attention. The leave period is a maximum of 65 weeks in regard to any one relevant person. This leave, which is unpaid, may be taken as a continuous period or in separate unit periods, the aggregate duration of which does not exceed 65 weeks.
An explanatory booklet on Carer's Leave is available on the Department of Enterprise, Trade and Employment website - www.entemp.ie A Circular Letter will be issued shortly to VECs and Boards of Management of C & C Schools.
Career Breaks
A career break may be taken for a period of up to five years and may be taken in instalments provided that the total period does not exceed five years. A career break may be allowed for most purposes and application must be made to the school’s management authorities by 1st March at 2nd level, prior to the school year of the proposed career break. Application for extension of career break and a teacher who intends to return to teaching must also notify the management authority by 1st March. Teachers retain an entitlement to return to duty in a permanent post on the termination of the career break. Teachers going on career break should be aware that the period of unpaid leave does not count for pension purposes. At 3rd level a lecturer must forward the career break application to the Institute at least three months prior to the beginning of the college year in which they propose to commence the break.
Study Leave
Incremental salary may be paid to teachers who are on approved courses of study. Prior approval must be sought from the management authorities of the school and from the Department.
Annual Leave
3rd Level - In the Institutes of Technology the academic year begins on 1st September each year, and ends on 20th June. In certain circumstances and with advance notice lecturers may be required to be available until 28th June but with the commensurate period off after the 1st September.
2nd Level - Teachers work a maximum of 167 school days.
Brief/Occasional Absences
Members in C&C Schools are entitled to avail of the facility to take up to 5 separate personal days leave of absence. Applications must be sanctioned by the Board of Management.
Members in VEC Schools may apply under the terms of Memo V7 - "in respect of occasional brief absences owing to reasonable causes". Applications are subject to approval by the VEC.