Permanent, CID-holding, fixed-term, and non-casual substitute teachers who give birth after twenty-four weeks, or earlier to a live baby, will be entitled to take maternity leave.
An employer is required to discuss any intended postponement of the leave with the teacher and must give the teacher at least four weeks’ notice of the Board’s decision. Unfortunately for a teacher who is not in a contract, and who is claiming maternity benefit, the best advice is to end your maternity benefit claim early, by doing a day of substitute work twenty-five weeks after you were last paid by the Department of Education.
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. If a teacher is applying for a job share, they should be notified whether it’s been approved by 1 March and will be able to plan for the year ahead on that basis. An overview of the sick leave scheme may be found here. 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. However, a fixed-term position is likely to be more attractive and more straightforward to fill, ensuring that pupils have one teacher consistently employed for the year. After the document is signed, the teacher’s parental leave may only be revoked with the agreement of all parties. Circular 54/2019 All teachers who pay Class A PRSI who are taking maternity leave must also apply for state maternity benefit. When a teacher is absent on parental leave, their absences will be filled by a substitute teacher. Chapter Ten of circular 54/2019 sets out the arrangements in relation to statutory annual leave/public holiday entitlements. If this does not remove the risk, Step 2: Provide suitable alternative work; 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. September 2019.
This means that one parent can take 36 weeks of parental leave and the other can take eight, in respect of one child. Still have questions? If you commenced service prior to 1 January 2013, and you are currently a member of the older Teachers’ Pension Scheme, it is in your interest to avoid ever having a break in your service of twenty-six weeks or longer.
D01 ET35, Appointment Procedures for Teaching Positions, Widow’s or Widower’s (Contributory) Pension, INTO Principals’ and Deputy Principals’ Committee, INTO Principals’ and Deputy Principals’ Fora, Recruitment and Appointment of the Principal Teacher, INTO Guide to Inspection in Primary Schools 2016, Professional Code of Practice on Evaluation and Reporting, General information on school accommodation, Closing in the Interests of Public Health, Equal Opportunities (equality legislation). Where a child is adopted between the ages of 11 and 13, parental leave may be used up to two years from the date of the adoption order. Adoptive Leave.
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. The DEASP requires the teacher to provide a letter (or a birth certificate) from the hospital confirming the child’s actual date of birth and the number of weeks gestation at which the child was born.
A teacher who has completed at least 12 months of continuous employment with the same employer and is a natural parent, adoptive parent, adopting parent or in acting in loco parentis to a child is eligible to apply for parental leave. 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 scheduled to be closed. Your paid maternity can begin on the next Monday, inclusive. Please include your payroll or membership number.
For the purpose of this form, the board of management is the employer.
Due to insufficient PRSI contributions, some people may find that they are ineligible, or that they are eligible for less than the full amount of maternity benefit (as of 2019, €245 per week). 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. In order to apply for her extended maternity leave, the teacher must first contact the DEASP within twenty-six weeks of the premature delivery.
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From 1 September 2020, this entitlement will increase again, to a total of 26 weeks per child. 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. A teacher’s entitlement to 20 days annual leave and nine public holidays is not affected by his/her absence on parental leave. If you are last paid by the Department at the end of June, the summer holidays will count as an eight week break in your service, and you will need to work again by late December. These two weeks will be available until the child turns one. If a teacher is out of service for a period of twenty-six weeks or longer, regardless of the reason, when they return it will be as a member of the Single Pension Scheme, which was introduced across the public sector for new entrants from 1 January 2013. The teacher may revoke their application for parental leave any time until this document is signed. A copy of the confirmation document from the DEASP in regard to the teacher’s maternity benefit. Teachers may also apply online at https://services.mywelfare.ie/. Help & Advice. For a parental leave application commencing in September, an employer could wait until the summer to make efforts to recruit a qualified substitute before making a final decision on a teacher’s parental leave application by mid-July. The arrangements can be summarised as follows: In practical terms, the Department has stated that leave in lieu is the absolute minimum in line with the requirements of the Organisation of Working Time Act. If you have questions about your Maternity Leave, the INTO QueryLine operates 9am – 5pm, Monday to Friday, on (01) 804 7700. Statutory additional maternity leave end date calculator | Liveflo | XpertHR. D01 ET35, Appendix A of Chapter Five of circular 54/2019, Appointment Procedures for Teaching Positions, Widow’s or Widower’s (Contributory) Pension, INTO Principals’ and Deputy Principals’ Committee, INTO Principals’ and Deputy Principals’ Fora, Recruitment and Appointment of the Principal Teacher, INTO Guide to Inspection in Primary Schools 2016, Professional Code of Practice on Evaluation and Reporting, General information on school accommodation, Closing in the Interests of Public Health, Equal Opportunities (equality legislation). Step 3: The employer should assist the employee in receiving health and safety leave, under Section 18 of the Maternity Protection Act 1994. 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. The Department of Education and Skills have made provision for these circumstances (see part 10.4 of Chapter Two of circular 54/2019 PDF). This must be requested in minimum blocks of seven days. Enter the date the baby is due. If she dies within 24 weeks of the birth, he can choose to take the 16 weeks’ additional maternity leave. The minimum amount of parental leave that can be taken at one time is one week and the maximum amount is 22 weeks. When a job share is approved, a fixed-term position may be filled for the duration of the job share, from 1 September to the following 31 August. Submit your query by email to INTO. After this, the teacher has an option to take up to sixteen weeks (112 days) of unpaid maternity leave, of which she can use as much or little as she wishes, and which must commence immediately after her paid maternity leave. Full-time employees have a statutory right to 20 days annual leave, and nine public holidays per year. Both paid and unpaid maternity leave are statutory entitlements. Maternity leave will still commence on the day of the premature birth, and the employer and DEASP should be notified so the maternity leave can commence immediately, but the mother may also benefit from an extension of her leave after twenty-six weeks have expired. 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.
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, in the leave year, a teacher’s maternity leave means she won’t be able to take her 20 days annual leave and nine public holidays through school closures, she may take any such days immediately before the commencement of her maternity leave. A teacher who is substitute teaching on a casual basis may still have enough PRSI contributions to claim maternity benefit from the DEASP for twenty-six weeks. If that is not possible. The small number of days in lieu (if any) that may accrue to a teacher under these revised arrangements must be taken immediately prior to the commencement of maternity leave, as they are effectively lost if carried forward to the next leave year. 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. 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. Some teachers apply to take their parental leave every second week, creating an arrangement akin to undertaking a job share. She will still apply to the Department of Social Protection for her Maternity Benefit following a stillbirth.
The exception to this rule is the Employers Registered Number, for which the Department of Education payroll number, 400009H, should be used. 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. Parental leave must be taken in blocks of seven consecutive days which includes any weekends, public holidays etc. during school closures and for the summer). D01 ET35, Application form for maternity leave Appendix A (PDF), Protection of Employees (Fixed Term Work) Act 2003, Primary Teachers Substitute for a Substitute, form for Health and Safety Benefit is here (PDF), information on the benefit may be found here, Application form for maternity benefit MB1/2 (PDF), To request PRSI while on unpaid maternity leave SW11 (PDF), To apply for Health and Safety Benefit (PDF), Appointment Procedures for Teaching Positions, Widow’s or Widower’s (Contributory) Pension, INTO Principals’ and Deputy Principals’ Committee, INTO Principals’ and Deputy Principals’ Fora, Recruitment and Appointment of the Principal Teacher, INTO Guide to Inspection in Primary Schools 2016, Professional Code of Practice on Evaluation and Reporting, General information on school accommodation, Closing in the Interests of Public Health, Equal Opportunities (equality legislation), Go to the Saturday at the end of the week in which you’re due.