Peter Fitzpatrick (Louth, Independent)
Link to this: Individually | In context | Oireachtas source

64. To ask the Minister for Education and Skills further to raising this issue on Leaders' Questions in May, what steps have been taken to amend assault leave entitlements to ensure that SNAs have equal provision of health and safety leave, and to ensure that teachers' and SNAs' income is fully protected for the duration of their medically certified leave (details supplied); and if she will make a statement on the matter. [30517/24]

Peter Fitzpatrick (Louth, Independent)
Link to this: Individually | In context | Oireachtas source

I raised this issue during Leaders' Questions in May. Have any steps been taken to amend assault leave entitlements to ensure SNAs have equal provision of health and safety leave and to ensure the incomes of teachers and SNAs are fully protected for the duration of their medically certified leave? Will the Minister make a statement on the matter?

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Under section 18 of the Maternity Protection Act 1994, an employee who is pregnant or breastfeeding may be granted maternity health and safety leave from her employment where, following a risk assessment by her employer, a risk has been identified which is not possible to remove from the work environment and where it is not possible to move the employee - an SNA, in this instance - to suitable alternative work. In line with legislation, the Department’s maternity leave circular for SNAs sets out the health and safety leave entitlement that applies to them. It provides that an SNA "will be entitled to full salary for the first 21 days while on health and safety leave". Based on an SNA's PRSI contributions, they may be entitled to health and safety benefit from the Department of Social Protection when their health and safety leave extends beyond 21 days. As the employer, the board of management is legally obliged, as soon as it is notified by an SNA that they are pregnant, to assess any specific risk in the workplace to that SNA and to ensure that the pregnant, post-natal or breastfeeding SNA is not exposed to any agents, processes or working conditions that will damage either the safety or health of the pregnant SNA or that of the developing child or both of them.

Where a risk has been identified and it is not possible to remove it, protective and preventative measures should be taken by the employer to safeguard the health of any SNA to whom these provisions apply. These measures include providing a temporary adjustment in the working environment of the SNA concerned so that exposure to the risk is avoided or, in the event that such adjustment is not possible, moving the SNA to suitable alternative work which does not entail the risk. If such alternative work is not available, and having consulted and received certification from the occupational health service, health and safety leave may be granted to the SNA. Maternity health and safety leave is meant to prevent any injury to a pregnant SNA as a result of an employer-identified risk and is separate to the leave of absence following an assault scheme that the Deputy referred to. Where an SNA is injured as a result of physical contact from a third party causing physical injury-----

Pauline Tully (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Thank you, Minister. Time is up.

Peter Fitzpatrick (Louth, Independent)
Link to this: Individually | In context | Oireachtas source

SNAs are being denied equal health and safety leave provisions in employment. The potential risks for injury are greater for SNAs due to the physical element of their job. There is a clear disparity between the provision afforded to teachers and that afforded to SNAs. SNAs work with children with a range of care needs, many of whom exhibit extremely challenging behaviour that requires full-time help. I told the Taoiseach about the case of a young woman who has been in the job for a couple of years and is expecting her first child. She loves her job but she has been bitten, kicked and thumped. A few weeks later, she was seriously attacked and has been off work since. She got paid for the first 21 days but she has not been paid since. Like teachers, SNAs play a big part in the development of our children. All they are looking for is fair play. I ask the Minister to work with employers. I think SNAs do a fantastic job and they are not being treated fairly.

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I acknowledge the enormously positive work carried out every single day by our SNAs. The Deputy referred to two different types of leave. I have outlined the situation with regard to maternity health and safety leave. For clarity I will reference the second type, which is assault leave. Where an 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, the SNA may apply for leave under the leave of absence following assault scheme. The provisions of this scheme provide for special leave with pay, subject to specified limits, to be afforded to an SNA who is unable to perform their duties due to a physical injury following an assault 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 three months at full pay in a rolling four-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 three months at full pay, subject to an overall limit of six months at full pay in a rolling four-year period.

Peter Fitzpatrick (Louth, Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for her reply. A lot of good work is being done in education. There are a lot more teachers and SNAs. There is a lot of early intervention and children with problems are being diagnosed early. I appreciate the Minister's response but all the SNAs are looking for is the same treatment as teachers. As I have said, they play a very important role in the future development of our children. I ask the Minister to work more closely with the employees to make sure they are being well looked after. I am very happy with the Minister's response. I will go back to the SNAs. To me, being an SNA is a vocation and the work they do is fantastic. I have been in contact with the Minister's office many times seeking extra SNAs and I have never been left wanting. I thank the Minister, but it is important that we do not have a disparity between teachers and SNAs. Hopefully, going forward with the Minister, things will work out well.

Norma Foley (Kerry, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy. I am fully appreciative of the excellent work that is done by teachers, SNAs, school secretaries, caretakers and school leaders every day in our schools. If a member of staff is pregnant, under no circumstances would we want them to be challenged in any way in the school environment. Therefore, we have the health and safety aspect of it and, equally, the Deputy referenced assault leave. Under no circumstances do we want assaults to happen in our schools. There is a body of work under way to support schools in this regard. Notwithstanding that, the Department of Public Expenditure, NDP Delivery and Reform determines the terms and conditions of leave schemes for public servants, including teachers and SNAs. In this regard, the limits imposed in the assault leave circular for teachers were agreed with the education partners in conjunction with the Department. An SNA who has exhausted the maximum period of paid leave under the scheme-----

Pauline Tully (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Thank you, Minister.