Leave Policy
Introduction
Circular 0054/2019 stipulates that each employer shall develop and maintain a policy on teacher absences, including non-statutory schemes e.g. Job Sharing, Career Breaks, Unpaid Leave etc. specific to the needs of the school authority. It states that this policy shall have due regard to the capacity of the school to meet its obligations to its pupils and may therefore apply a limit to the number of teaching staff that may avail of non-statutory leave schemes at any one time. Employers must consider applications in the context of other statutory and non-statutory leave and must also take into account the availability of an appropriately qualified replacement teacher.
The Board of Management (BoM) follows the guidelines on Teacher Leave as set out in Circular 0054/2019. It is important to note that Circular 0054/2019 replaces Chapters Two to Eleven of Edition 2 of the “Terms and Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools” and replaces all previous circulars, memoranda, rules and regulations in relation to these leave types.
The welfare & educational needs of the children (along with the staffing schedule) will be the underpinning factor in all issues around staff leave that is subject to BoM approval. The BoM strives to facilitate staff members who wish to avail of leave.
Applications will be considered by the BoM and the final decision lies with the BoM. Applications for leave that require the approval of the BoM will be considered on receipt of the appropriate documentation. All applications are dealt with on a year by year basis.
Scope
This policy has been drawn up in consultation with the BoM and staff of Scoil Íde and has been approved and adopted by the BoM. The policy applies to staff within the school.
Types of Leave
Teaching and SNA staff can access information about the types of leaves of absence that are available by visiting https://www.gov.ie/en/service/56e999-breaksleave/ Staff can access the Circulars outlining terms and conditions of the various types of absences as determined by the Department of Education through the attached link.
Ancillary Staff
Ancillary staff may avail of the following leaves of absence:
- Maternity/Paternity Leave
- Parental/Adoptive Leave
- Carer’s Leave
- Force Majeure Leave
- Brief Absences
- Career Break ( under 1978/79 scheme)
- Job sharing ( under 1978/79 scheme)
Procedures/Guidelines
In drawing up this policy, the relevant Circulars from the Department of Education and Skills (DES) were consulted to provide guidance in relation to all matters pertaining to staff leave in Scoil Íde, and to ensure that the policy complies with DES Guidelines. All persons wishing to apply for leave are expected to familiarise themselves with the details of the leaves as outlined in all relevant Circulars from the DES (see www.education.ie), which are subject to review by the DES from time to time. This policy should be read and understood within the context of all current, relevant DES Circulars. The policy is specific to the needs of Scoil Íde. In drawing up the policy, the welfare and educational needs of pupils take precedence over all other considerations.
Career Break
All applications for Career Breaks must be submitted in writing to the BoM by the 1st February of the academic year preceding the proposed break. Late applications may be considered at the discretion of the BoM.
The BoM will notify all applicants for Career Breaks of the results of their applications including the reasons for same in writing by the end of February.
The decision of the BoM regarding the awarding or refusal to grant a Career Break is final.
In the event of a teacher who has been granted a Career Break wishing to rescind the application, the BoM may consider this request only up to the time of offering a contract to a replacement teacher.
DES Circular 0010/2011 and Equality Legislation 2011 guide all the above.
Temporary Reassignment Scheme For Primary Teachers
Subject to the need to provide the optimum service to the pupils, the BoM may sanction a teacher exchange where all requirements of the relevant Circular have been observed, including an agreement between the BoM of each school.
If a teacher in Scoil Íde wants to do a teacher-exchange, the teacher must first find a teacher to exchange with. This teacher who is not on staff will be interviewed by the Principal and BoM Chairperson. The teacher should submit their Application for Teacher Reassignment Form as if they were applying for a position in the school and the interview structure and criteria that apply to vacant teaching positions shall be applied to assess their suitability. Teachers should bear this in mind when considering making an application for a teacher exchange and make their application in a timely manner, bearing in mind the time involved in securing another partner should the first partner be unsuccessful at interview. If the applicant is successful at the interview, both teachers should make their application by February 1st of the academic year preceding the proposed break. The teacher exchange will be reviewed on an annual basis. Any teacher coming to the school in a new teacher exchange arrangement granted after this policy ratification shall be interviewed each year, as outlined above, if they are reapplying.
Job-Sharing
The BoM will consider requests for job-share arrangements within the terms of the relevant Circular. This will be subject to the need to provide the optimum service to the pupils in the school. The welfare and educational needs of the pupils take precedence over all other considerations.
All teachers employed in Scoil Íde with at least one years’ service are eligible to apply for job-sharing, with the exclusion of the Principal and Deputy Principal (the importance of the leadership function of both the Principal and Deputy Principal precludes this role from being shared) and teachers on probation.
Teachers who are currently on secondment or are going on secondment cannot job-share for the duration of the secondment. However, a teacher on a career break, secondment, or other approved leave of absence may apply to resume teaching duties on a job-sharing basis.
Job-sharing applications will be considered from:
- Staff members of Scoil Íde who wish to share within the school
- Staff in Scoil Íde who wish to job-share in another school
The BoM may consider an inter-school Job Sharing arrangement application in exceptional circumstances bearing in mind that the needs of the permanent staff of Scoil Íde will take precedence. The individual who is not on staff will be interviewed by the Principal and BoM Chairperson and should submit their Application for Job Sharing Appendix A Form as if they were applying for a position in the school. The interview structure and criteria that apply to vacant teaching positions shall be applied to assess their suitability.
The BoM will consider job-sharing applications on a split week (Thursday-Friday-Monday-Tuesday-Wednesday) or a week-on week-off basis. Job-sharing will not take place in Junior Infants or Sixth Class.
All applications for job-sharing must be submitted in writing to the BoM by the 1st February of the academic year preceding the proposed break. The BoM will consider these applications on their merit and adjudicate on the matter.
Once the BoM is satisfied with an application, it will indicate its approval in principle subject to the receipt of a detailed Plean Oibre. The Plean must address the need for continuity, the need for planning an agreed methodology and an agreed approach to disciplinary matters. The Plean should comply with school policy outlined in the school plan. Job-sharers must also agree to weekly meetings , remote or in-person to plan and discuss their work and be available for staff meetings, in-service training and meetings with parents.
As soon as the job-sharing agreement has been approved and classes allocated, the job-sharers should meet the parents of the class if the role assigned to the job sharers is that of a class teacher. Once a job-sharing scheme has commenced, the Principal will ensure that the detailed short-term planning occurs between the partners. Record-keeping is highly significant and an essential feature of job-sharing, the monitoring of which is the responsibility of the Principal. Job-sharers are required to maintain a diary or pupil profile in which records of progress and important events should be noted.
The BoM reserves the right to terminate a job-sharing arrangement if it is not operating in the best interests of the pupils.
Secondment
Teachers who apply to be seconded in other employments will have their case dealt with on a case by case basis with the following considerations:
- The educational welfare of the pupils
- The number of teachers already granted leave
- Employers must consider applications in the context of other non-statutory leave and statutory leave and also take into account the availability of an appropriately qualified replacement teacher.
Academic Leave
If a teacher wishes to apply for the Postgraduate Diploma in Special Education (which entails a number of release blocks from school) they must first seek approval from the BoM.
Maternity Leave
As per DES Circular including:
- Statutory maternity leave
- Statutory unpaid maternity leave
- Non-statutory additional unpaid maternity leave to the end of the school year
Paternity Leave
As per DES Circular.
Parental Leave
All parental leave will be approved in line with statutory requirements under Circular 0054/2019 and the following school-based criteria:
- Leave to be granted in minimum duration of one-week blocks or multiples thereof
Parent’s Leave
As per DES circular. 0030/2021
Adoptive Leave
As per DES circular.
Carers Leave
As per DES circular.
Sick Leave
As per DES Circular.
Please note:
- A doctor’s certification of illness is required from the third day of any absence
- In the event of an absence due to illness lasting in excess of 28 days continuous or cumulative in a 12-month period, it is a requirement that the Occupational Health Service sanction return to work
- Absences in excess of three days require MED1 and/or IB1 forms to be completed
Please contact the Principal as soon as practicable to inform him/her of an absence. SNAs may contact the Deputy Principal.
N.B Separate Circulars govern the amount of sick leave available to SNAs, ancillary staff and teachers
Force Majeure Leave
As per DES Circular.
Study Leave
Study leave entitlement is available under the terms of Circular Rule 116 for exam days only. It may not be added to any other type of leave.
Leave of Absence Following an Assault
As per DES Circular.
Leave for Death of Family Member
As per DES Circular.
Unpaid Leave
Unpaid leave will be considered on a case by case basis with the welfare of pupils as a guiding and determining factor.
Other Brief Absences
As per DES Circular 0032/2007.
Extra Provisional Vacation (EPV) Days
EPV days are granted to teachers in lieu of days/time spent at attendance at approved courses as agreed by the DES/INTO/CPSMA. According to Rule 58, EPV days are subject to the prior approval of the “Manager” i.e. BoM. The BoM has empowered the Principal, in conjunction with the Deputy Principal, to sanction EPV days. However, if referred to the BOM, the BOM will have the final decision.
As substitute cover is not allowed for EPV days and therefore to maintain the efficient day to day running of the school, only permanent teachers /teachers on Contracts of Indefinite Duration (CID), temporary teachers and teachers on specific purpose contracts in excess of 40 days may apply for EPV days. When considering the granting of EPV days, the welfare and education of pupils will be the primary consideration, therefore a maximum of three planned absences may be scheduled in any one day.
To request an EPV day, a teacher must first check availability of the date on the school Gmail calendar. They must then email their request to the Principal and if approved it will be placed on the calendar. A 4th and 5th EPV day in any given year will only be granted in exceptional circumstances, the details of which should be outlined to the principal in writing when making the request for such days.
In preparation for an EPV day, teachers should have work prepared for their class for the day. They should also inform the colleagues in their standard of their absence and arrange appropriate measures to provide for the caseload on a given day.
Roles and Responsibilities
It is the responsibility of all the stakeholders to familiarise themselves with the terms of this policy and to contribute positively to its on-going implementation within the school setting.
Application Forms
Application forms for Non-Statutory leave can be found at https://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0054_2019.pdf or in the school office.
Policy Approval
Staff were consulted prior to a draft policy being developed. The suggestions/proposals arising were considered. A copy of the draft job-sharing policy was made available to all members of staff and to the BoM. The policy was subsequently reviewed and ratified by the BoM at its meeting on May 31st 2022
Subsequent to BoM ratification, the policy was made available to all teaching staff members. Parents were made aware of the existence and availability of the policy.
Implementation
This policy will be implemented for Leaves of Absence from the 2022/2023 school year onwards, subject to review.
Evaluation and Review
This policy will be reviewed on a regular basis or as the need arises and will take into consideration:
– Feedback from the stakeholders
– The efficient and smooth operation of job-sharing scheme(s)
– The changing needs of the school
– Revised/New DES Circulars and Guidelines.
Staff will be informed of any amendments made.
Ratification
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This policy was ratified by the Board of Management on… |
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Maureen Hobbins |
Ray D’Arcy |
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Chairperson of Board of Management |
Principal/Secretary to the Board of Management |
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Date: 31st May, 2022 |
Date: 31st May, 2022 |
