Press release
Minister Donohoe welcomes the publication of amendments to the Public Service Sick Leave Scheme
From Department of Public Expenditure, NDP Delivery and Reform
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The Minister for Public Expenditure, National Development Plan Delivery and Reform, Paschal Donohoe, has welcomed the publication of amendments to the Public Service Sick Leave Scheme.
Circular 12/2023: Management of Sick Leave in the Civil Service
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The Minister commented on the publication stating:
“These changes bring about a number of improvements to the Public Service Sick Leave Scheme. They will increase equity of access to the Scheme, ensuring high levels of protection for staff experiencing illness.”
A review of the Sick Leave Scheme was carried out in 2015/2016 in collaboration with sectoral management and union representatives from across the Public Service. Following this, a series of recommendations for change was developed. Six of these recommendations required legislative amendment, three of which were agreed through the review process, and three of which required further negotiation. This took place in 2018 via the Workplace Relations Commission and the Labour Court adjudication.
The Minister also stated:
“The amendments to the Sick Leave Scheme are the result of collaborative and consultative engagement with management and union representatives across the Public Service. I would like to thank all parties involved for their engagement in delivering these changes.”
A project to deliver the final set of amendments was initially commenced in 2019 but was paused due to COVID-related pressures. The project was recommenced in 2022 and the necessary legislative amendments published on Monday 4 September 2023 under SI 407/2023.
Details of the changes are laid out below:
1. A flat rate for Temporary Rehabilitation Remuneration (TRR) (which is a form of extended support payment during illness) of 37.5% of remuneration is being introduced for all public servants. A transitional arrangement will apply for 5 years for those whose rate of TRR would otherwise be higher than 37.5%.
2. Where access to full and half rates of paid sick leave are exhausted, a 3-day waiting period is being introduced for each relevant absence before TRR can be paid.
3. All forms of sick leave support payments (full pay, half pay & TRR) are to be included in review calculations when determining access to sick leave. Periods of nil pay are to be excluded.
4. The review period is to be extended for any relevant breaks in service when calculating access to sick leave. These breaks is service must be not less than 6 months and,
a) be unpaid,
b) not accrue annual leave, and
c) not reckon for pension purposes.
1. The service eligibility requirement for TRR is being standardised to two years’ accrued service in the Public Service.
2. The Protective Year under the Critical Illness Protocol (CIP) (which is an additional support available under certain circumstances) is to commence from the date of return to work rather than the start date of the absence.
These changes collectively will have the following positive impact across the approximate 400,000 workforce in the Public Service:
1. Increase in equity in terms of the access to and application of TRR.
2. Both costs and savings are anticipated, however, it is expected that the net impact on the Exchequer will not be significant.
3. Reduction in underpayments/overpayments to affected staff and the associated administrative burden.
4. Supports effective absence management.
5. Ensures high levels of protection for staff experiencing illness and/or injury.
In conjunction with the publication of the legislative amendments, new sick leave circulars will come into effect in all relevant Public Service employers.