New rules on sick leave in the public sector

New rules on sick leave in the public sector

The Minister of Public Expenditure and Reform has published the much awaited Public Service Management (Sick Leave) Regulations 2014 (the "Regulations"), which will apply to all public servants, with the exception of staff of the Central Bank of Ireland, members of the judiciary and members of the Permanent Defence Force. The Regulations will take effect from 31 March 2014 for the majority of public servants, but will not apply in schools and colleges until 1 September 2014, in line with the academic year.

Under the Regulations, sick leave arrangements for those with non-critical illness is reduced to 92 days on full pay in a 12 month period, followed by 91 days on half pay, subject to an overall maximum of 183 days paid sick leave in a rolling four year period. A doctor must certify that the individual is unable to attend to work because of illness or injury. Furthermore, it will be a condition of sick leave that any communications or representations made by the individual or a person on their behalf in relation to the illness or injury must be made in good faith and comply with relevant circulars. The 183 day limit includes both medically certified and self certified sick leave at full pay or half pay.

In cases of critical illness, serious injury or serious medical condition (none of which are defined in the Regulations), leave is limited to 183 days on full pay in a 12 month period, followed by 182 days on half pay, subject to an overall maximum of 365 days paid leave in a rolling four year period. An occupational health physician, nominated by the employer, must have certified the critical illness, serious injury or serious medical condition. The maximum 365 day limit includes all sickness absences, both medically certified and self certified at full pay or half pay.

Where an employee has exhausted his entitlement to sick pay, temporary rehabilitation pay (formerly pension rate of pay) may be granted for a maximum 365 days in a rolling four year period where there is a reasonable prospect that the employee will resume his duties and provide regular and effective services. In certain circumstances, additional temporary rehabilitation pay may be paid for a maximum of 730 days following sick leave for critical illness, serious injury or serious medical condition.

Special rules will apply for pregnancy related illness.

It is expected that the Regulations will result in significant cost savings for Public Sector bodies. Public Sector bodies should consider reviewing and updating their sick leave policies to ensure compliance with the new Regulations in advance of their commencement on either 31 March 2014 or 1 September 2014.

For more information, please contact Michelle Ní Longáin or Donal Hamilton.