Dáil Éireann Debate, Wednesday - 3 December 2025
139. Deputy Darren O'Rourke asked the Minister for Education and Youth the financial support available to teachers who leave work on assault leave to compensate them for their medical expenses; and her plans to introduce new compensation measures for medical expenses. [68220/25]
Amharc ar fhreagraA leave of absence may be granted to a teacher or special needs assistant who is unable to perform their duties due to a physical injury following physical contact from a third party that happened in the course of their duties and during approved school activities.
In accordance with Section 14 of the Education Act 1998, it is the duty of the Patron to appoint, where practicable, a Board of Management. The Board of Management is the body of persons, or the person appointed by the Patron to manage the school on his/her behalf, including issues surrounding health and safety.
While the Department of Education and Youth has statutory functions in the setting of terms and conditions for teachers and SNAs, the Department of Education is not the employer. Where a teacher or SNA is injured as a result of physical contact from a third party causing physical injury in the course of their duties and during approved school activities, they may apply for leave under the “Leave of absence following Assault Scheme”.
The provisions of this scheme are contained in the Department’s Circular Letter 0061/2017 www.gov.ie/en/circulars/?q=&sort_by=published_date&organisation=department-of-education&year=&circular_id=0061%2F2017 for teachers and Circular Letter 0062/2017 for SNAs. It provides for special leave with pay (subject to specified limits) to a teacher or SNA who is unable to perform their duties due to a physical injury following physical contact from a third party that happened in the course of their duties and during approved school activities.
The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period.
A Teacher or SNA who has exhausted the maximum period of paid leave under the Scheme for Leave of Absence following Assault and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave Scheme, subject to the normal rules of that scheme.
There is no provision made under the terms of the scheme to provide financial assistance to cover expenses related to medical bills or medication.
The Employee Assistance Service www.gov.ie/en/service/23acf5-employee-assistance-service/, which is currently provided by Spectrum.Life, is available as a supportive resource for teachers and SNAs, including those who have suffered a physical injury leading to a period of absence as provided for under the scheme. The freephone confidential helpline is available 24 hours a day, 365 days a year. Supportive resources may include short term counselling (up to six sessions). If the EAS recommends additional short-term counselling sessions with the teacher, the Department can facilitate this request.
The Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation determines the terms and conditions of Leave Schemes for Public Servants, which includes teachers and SNAs. In this regard, the leave limits noted in the Assault Leave Circular for Teachers/SNAs were agreed with Education Partners in conjunction with the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
The Department is currently engaged in a review of the terms of the Leave of Absence Following Assault scheme with the relevant unions and school management bodies.
