John Lahart
Ceist:659. Deputy John Lahart asked the Minister for Education and Youth her views on the Education Leave for Injuries Bill 2025 for teachers and SNAs, currently proceeding through Seanad Éireann. [12309/26]
Amharc ar fhreagraTuesday, 17 February 2026
Ceisteanna (659)
Freagraí scríofa
My department is aware of the Education (Leave for Injuries) Bill 2025 introduced by Senators Laura Harmon, Nessa Cosgrove, Patricia Stephenson and Malcolm Noonan which is due to be discussed in the Seanad shortly.
Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers, SNAs and other staff of the school. In the case of community national schools, the ETB is the employer and not the board of management.
The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers, SNAs and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting, and maintaining positive staff relations.
It is recognised that there is an unusual tripartite relationship between the teachers/SNAs employed in Oireachtas funded roles, whereby the Department of Education and Youth facilitates the payment of salary to teachers/SNAs on its payroll system, but the Board of Management is the employer.?
Currently where a teacher or SNA is injured in the discharge of their duties, including during approved school activities, they may apply for paid leave schemes such as the Leave of absence following Assault or the Sick leave scheme. Teachers may also apply for the Occupational Injury Leave scheme.
Both the Leave of Absence following Assault for Teachers and SNAs and the Occupational Injury scheme for Teachers allows for leave of 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 or injury, 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 who has exhausted the maximum period of paid leave under the above schemes 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.
Teachers and SNAs also have access to the Employee Assistance Service, 24 hours a day and 365 days a year. The Employee Assistance Service offers supportive services which may include short term counselling.
In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school. The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.
The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders.
Employers may have ‘Employer Liability insurance’ and ‘Public Liability insurance’ which may be used to cover medical and related expenses for Teachers and SNAs injured at work.
Any amendment to public service pay and conditions, including pension arrangements, are determined through centralised engagement and collective bargaining between the Government and public service unions.
My department will continue to engage with the Education Partners through the established Industrial Relations Fora in place and will engage with the legislative process which is in place for the introduction, debate, and enactment of new bills.