Circulars 0059/2014 (registered teachers), 0063/2014 (all staff in ETBs, other than Teachers and SNAs) and 0064/20014 (all staff in IoTs), which introduced the new sick leave scheme, did not clearly address pregnancy-related illness which had occurred under the previous sick leave scheme (i.e. the scheme that operated prior to 1 September 2014).
Earlier Circulars had provided for the full discounting of pregnancy-related illness leave. A number of members who had taken pregnancy-related illness leave have been in contact with TUI Branch Officers, Area Representatives or Head Office. Some are in a position where sick leave limits under the new sick leave scheme have been reached. As a result, they would be on Temporary Rehabilitation Remuneration (TRR) or unpaid leave in the event of illness occurring while they are waiting for periods of earlier sick leave (including pregnancy-related leave) to be discounted through normal look-back provisions. (The operation of look-back periods of four years and of one year is set out on pages 12 and 13 of the September 2014 edition (Vol. 37, No. 1) of the TUI News.)
Together with the other teacher unions, TUI has, consistently and over a considerable period of time, raised this matter through the Teachers’ Conciliation Council and the Institutes of Technology Industrial Relations Forum. In October 2014, a formal communication was sent to the Department of Public Expenditure & Reform. This was subsequently referred to the Attorney General by that Department.
As a result, the unions have now been advised of an arrangement to discount time which had been spent on pregnancy-related illness under the previous sick leave scheme (i.e. prior to 1 September 2014). That arrangement is set out below and is now being operated by the Department of Education and Skills. The arrangement is that discounting applies at half- pay rate. However, the position of the teacher unions was - and remains - that discounting should apply at full pay rate. We will continue to press for this and will provide further updates as they are available.
The current position is set out as follows:
“The interim arrangement is being introduced for public servants who took sick leave due to a pregnancy related illness and exhausted their paid sick leave due to this illness. The interim arrangement is: If a woman reaches the 4-year paid sick leave limit and pregnancy-related sick leave is listed as an absence on her 4-year sick leave record, then she will have access to additional leave (i.e. for the equivalent amount of time spent on pregnancy-related sick leave up to a maximum of 92 days) at half pay only subject to the overall maximum limits.”