For comprehensive details of the maternity leave scheme, refer to Chapter Two of circular 54/2019, published 1 September 2019. The INTO prepared the podcast below in light of changes to the sick leave scheme introduced from 1 September 2014. Maternity benefit of €245 per week is paid to employees with sufficient PRSI contributions, with the Department of Education and Skills paying the balance of the teacher’s salary fortnightly. The substitute who is covering for this pair of teachers may then be allocated to another single class, at the discretion of the Principal. Enter the date the baby is due. The exception to this rule is the Employers Registered Number, for which the Department of Education payroll number, 400009H, should be used. In order to apply for her extended maternity leave, the teacher must first contact the DEASP within twenty-six weeks of the premature delivery. However, if during the leave year, a teacher on maternity leave has been able to take the statutory minimum of 20 days annual leave, and any public holiday entitlements due, either before and/or after her maternity leave through scheduled school closures, then she has gotten her statutory entitlements so no additional leave has accrued. Pregnant teachers are entitled to paid leave with substitute cover to attend one full set of antenatal classes in a working career, and the final three classes in a set for any subsequent pregnancies. Statutory maternity pay is paid for the first 6 weeks at 90% of average weekly earnings, followed by a further 33 weeks at the lesser of 90% of average weekly earnings or the applicable statutory rate which varies each year. Baile Átha Cliath 1 Notes which may be helpful to you in filling out your MB1/2, If you are ineligible for maternity benefit. The substitute who is covering the vacancy (i.e. A copy of the confirmation document from the DEASP in regard to the teacher’s maternity benefit. A teacher’s entitlement to 20 days annual leave and nine public holidays is not affected by his/her absence on parental leave. In the absence of a circular or application form, teachers who wish to avail of Parent’s Leave should put their leave request in writing to their Board of Management with at least six weeks’ notice. Certificates from the hospital or doctor in respect of these appointments must be provided to the school and kept on the teacher’s personnel file. It represents 40,633 teachers at primary level in the Republic of Ireland and 7,086 teachers at primary and post-primary level in Northern Ireland. Social Welfare while on sick leave Teachers who pay Class A PRSI are required to submit social welfare forms to claim Illness Benefit if they are absent on sick leave for more than six consecutive days, excluding Sundays. This means that one parent can take 36 weeks of parental leave and the other can take eight, in respect of one child. In these circumstances, the teacher should notify Department payroll of their ineligibility, providing written confirmation from the Department of Social Protection, to ensure that their salary deductions are correct while on maternity leave. No similar guidance exists for pairs of teachers availing of their parental leave. Parent’s Benefit of €245 per week should be claimed by teachers availing of Parent’s Leave. Payment details will be the teacher’s own bank details; this benefit is paid directly to the claimant. If you have questions about your Maternity Leave, the INTO QueryLine operates 9am – 5pm, Monday to Friday, on (01) 804 7700. The teacher will be required to provide the employer with a copy of the DEASP confirmation letter, and the employer will then contact the Department/ETB with details of the premature birth, and the Department/ETB record any additional leave entitlement on the OLCS/relevant ETB system. As such, they are entitled to the same terms and conditions as a comparable permanent colleague, including access to their own maternity leave. In these circumstances, the teacher should send a letter from her doctor with the Maternity Benefit application form, the MB1/2, confirming the expected date of birth, the actual date of birth and the number of weeks of pregnancy. Further, some teachers have sought to take their parental leave on alternating weeks with a colleague who also has parental leave available, asking to be allocated to the same class as that colleague, on a week-on, week-off arrangement. However, as two substitute teachers may not be paid for the same role through the OLCS, the non-casual substitute who is taking her maternity leave must be paid using the Primary Teachers Substitute for a Substitute form. Maternity Leave. The parental leave can be used any time until the child turns 13, or 16 in the case of a child with a disability and/or long-term illness. They must be taken in minimum blocks of one week, and may be taken as two separate weeks, or two consecutive weeks. The Department of Education and Skills, at the direction of DPER, has indicated that teachers’ salaries will not be topped up while availing of this leave, and that is how Parent’s Leave has been operated thus far. Full-time employees have a statutory right to 20 days annual leave, and nine public holidays per year. 35 Cearnóg Parnell If a teacher is applying to use parental leave every second week, they are still a full-time employee and will receive their full-time rate of pay for any periods when not taking parental leave (i.e. For instance, a woman who delivers her baby at thirty weeks, but was expected to commence her maternity leave when thirty-seven weeks pregnant, will still start her maternity leave immediately on the day of the birth. Staffing & Appointments. during school closures and for the summer). It is not yet possible to record this absence on the OLCS, so their school should then notify the Terms and Conditions Section in the Department with the details of the teacher’s leave. A substitute teacher who is commences a contract of more than forty days duration – generally covering maternity leave, parental leave, or carer’s leave – or a substitute teacher who has completed forty days of work within the current school year is a non-casual substitute teacher. For women who intend to avail of statutory unpaid Maternity Leave, this must follow directly at the end of paid maternity leave and can then be followed by Parent’s Leave. (See here for more.). Fathers can take maternity leave if the mother dies within 40 weeks of the birth. There are a number of issues which teachers and schools considering such an arrangement should be aware of before applying or approving parental leave in this pattern. Paternity Leave. The teacher will apply to their own board of management with: Up to sixteen weeks of unpaid leave may be applied for six weeks before the end of the paid maternity leave. If, in the leave year, a teacher’s parental leave means s/he won’t be able to take 20 days annual leave and nine public holidays through school closures, s/he may take any such days immediately before the commencement of parental leave. Parent’s leave doesn’t have to be taken immediately following Maternity or Paternity Leave, but it is important to note that it must be taken within the first year of the baby’s life. When an employer identifies a risk to a pregnant employee’s health in the workplace, they have a responsibility to take the followings steps: Step 1: Adjust the working conditions and/or hours of work. There is no requirement to return to full-time employment at this stage; it’s just important that you avoid having a twenty-six-week gap in your Department of Education-paid service. If you have questions about parental leave, the INTO Query Line operates 9am – 5pm, Monday to Friday, on 01 804 7700. For comprehensive details of parental leave, refer to Chapter 5 of circular 54/2019. Finally, if a teacher wishes to carry any such days forward to the following leave year, then these days may be taken only when the school is closed. Although the advice of the woman’s own doctors should be followed, the decision to approve health and safety leave will rest with the occupational health service, Medmark. If that is not possible. For the purpose of this form, the board of management is the employer. Parent’s Leave is a statutory entitlement to two additional weeks of leave available to both parents of children born on or after 1 November 2019. Baile Átha Cliath 1 Chapter Ten of circular 54/2019 sets out the arrangements in relation to statutory annual leave/public holiday entitlements. For women who intend to avail of statutory unpaid Maternity Leave, this must follow directly at the end of paid maternity leave and can then be followed by Parent’s Leave. The INTO is extremely concerned about this departure from how paid leave is usually addressed for our members, and with our colleagues in the other teacher unions continue to pursue this matter with the Department of Education. Pregnant teachers are entitled to paid leave with substitute cover to attend all medical appointments relating to their pregnancy. Step 3: The employer should assist the employee in receiving health and safety leave, under Section 18 of the Maternity Protection Act 1994. Adoptive Leave. September 2019. The teacher should be offered an alternative date within six months of when the original parental leave was due to start. Both paid and unpaid maternity leave are statutory entitlements. An overview of the sick leave scheme may be found here. This twenty-six week break in service is based on the calendar, not school timetables. that fall during that time. The Department of Education and Skills has not yet published a circular in relation to Parent’s Leave. At the discretion of their board, and only after using their full complement of paid and unpaid maternity leave, teachers may also apply for non-statutory unpaid maternity. Help & Advice. Where an employer decides to postpone parental leave, the teacher should be consulted and informed at least four weeks before they were due to start parental leave. Where two parents of the same child work in the same school, it is possible to transfer 14 of the 22 weeks of parental leave to the other parent. The parent of an eligible child under thirteen (or sixteen if applicable) who has already availed of their entitlement to eighteen weeks will be able to apply for an additional four weeks from September 2019, and a further four weeks from September 2020.


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