Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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242. To ask the Minister for Education and Skills the status of an employee (details supplied) who has been deemed unfit for work by her Department, but has also not been permitted to apply for early retirement-retirement on the grounds of ill health. [28311/24]

Norma Foley (Kerry, Fianna Fail)
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I refer to your recent correspondence to the Minister for Education, Ms. Norma Foley TD, regarding the status of a Special Needs Assistant (SNA) who is currently availing of the Sick Leave Scheme.

The terms and conditions of the Sick Leave Scheme for SNAs are detailed in and are consistently applied across the Public Service regardless of the individual Sector.

The main entitlements are as follows:

• Self-Certified Sick Leave:
• The maximum number of self-certified Sick Leave days allowable in any rolling period of 2 consecutive years of service is 7.
• Certified Sick Leave:
• A SNA who is absent from duty because of personal illness or injury, may be granted paid Sick Leave of:
  • A maximum of 3 months (92 days) on full pay in a year
  • Followed by a maximum of 3 months (91 days) on half pay.

Temporary Rehabilitation Remuneration (TRR) is a payment to support the rehabilitation of SNAs who are absent on extended sick leave and who have exceeded the threshold of 183 days under the Ordinary Illness Provisions (noted above). Subject to criteria TRR will not exceed 18 months (548 days) in a rolling 4-year period. Different limits apply to SNAs who have been granted Critical Illness Provision (CIP).

While in pensionable service, a member may apply for retirement pension benefit on medical grounds. Entitlement to a pension on grounds of ill-health is not automatic. The application process involves a medical assessment by the Occupational Health Service (OHS) and their decision to approve or reject an application. This establishes if the person is medically incapacitated and, if so, that the medical issue is likely to be permanent.

The individual referred to may make a further application for ill-health retirement while still in employment, (including approved unpaid leave) but may not do so earlier than one year from the date of notification of refusal, or, if the case was appealed, from the date of refusal of the appeal, unless there is a serious deterioration in the SNA’s current illness, or unless a new illness occurs.

Additionally, Pension Unit in my Department will contact this person directly to inform them of their pension entitlements and provide support as needed.