As a result of representations by the public sector unions, including the TUI, the Labour Court has decided that backdating for the new self-certified (formerly termed “uncertified”) sick leave arrangements will apply from August 1st 2012.

This means that teachers will count back to 1st August 2012 on a rolling 24 month period up to 31st July 2014 for the calculation of self-certified sick leave days. These arrangements were confirmed by the Department of Education and Skills at a meeting of the Teachers' Conciliation Council this week. Under the revised arrangements self-certified sick leave is limited to a maximum of 7 working days during this period.

The commencement date proposed by the Department of Public Expenditure and Reform for the new arrangements was 28th September 2011. This would have involved a year’s backdating of the arrangements and was opposed by the public sector unions. The Labour Court decision effectively means that there is a very reduced element of backdating and that public servants, including teachers and lecturers, can discount any uncertified leave taken prior to August 1st 2012 when they are calculating their entitlement.

Talks with the Department of Education and Skills regarding the arrangements for certified sick leave will begin shortly. These arrangements envisage a rolling four year period up to January 2014 for the calculation of usage of sick leave. Therefore, members need to be aware that certified sick leave taken before January 1st 2014 may impact on their sick leave entitlements in the future.

Click here to download Circular 0036/2012 on self-certified sick leave