Table of Contents
Disclaimer ____________________________________________________________7
Section 1 – Leave ______________________________________________________ 8
Flexible Working Scheme ____________________________________________ 9
Annual Leave _______________________________________________________ 9
Qualifying Conditions for the Accrual of Annual Leave ______________________ 9
Calculating Annual Leave Entitlement __________________________________ 10
Annual leave in the HSE ____________________________________________ 10
Computation of a Day’s Annual Leave __________________________________ 11
Accrual of annual leave for part time employees __________________________ 11
Overtime _________________________________________________________ 12
Timing of Annual Leave _____________________________________________ 12
Illness during Annual Leave __________________________________________ 12
Accrual of Annual Leave during Sick Leave ______________________________ 12
Annual leave and termination of employment ____________________________ 12
Pay During Annual Leave ___________________________________________ 13
Calculating Holiday Premium Pay _____________________________________ 13
Public Holidays ____________________________________________________ 15
Qualifying Conditions _______________________________________________ 15
Employee Absent from Work Prior to a Public Holiday _____________________ 15
Payment and Compensation for Public Holidays __________________________ 16
Public Holidays and Sickness Absence _________________________________ 16
Public Holidays and Maternity Leave __________________________________ 17
Public Holidays and Termination of Employment __________________________ 17
Sickness Absence __________________________________________________ 18
Self Certified Sick Leave ____________________________________________ 18
Public Service Sick Leave Regulations _________________________________ 18
Ordinary Sick Leave Limits___________________________________________ 18
Critical Illness Protocol ______________________________________________ 19
Temporary Rehabilitation Remuneration ________________________________ 19
Sick pay for part time and fixed term employees _________________________ 20
Transitional provisions ______________________________________________ 20
Pregnancy related illness and sick pay ________________________________ 20
Sick pay and deduction of DSP Illness Benefit ___________________________ 20
Sickness absence recording _________________________________________ 21
Occupational Illness/Injuries Schemes _______________________________ 21
Nurses who are absent due to MRSA_________________________________ 21
Prevention of transmission of Blood Borne Diseases_____________________ 21
Serious Physical Assault Scheme ___________________________________ 23
Injury Grant Scheme ______________________________________________ 25
Insurance based compensation schemes for mental health/ED nurses _______ 25
Maternity Leave ____________________________________________________ 27
Introduction______________________________________________________ 27
Maternity Leave ___________________________________________________ 27
Additional Maternity Leave ___________________________________________ 27
Payment while on Maternity Leave ____________________________________ 27
Falling ill during paid or unpaid maternity leave ___________________________ 27
Fixed term contracts ________________________________________________ 27
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Still births ________________________________________________________ 28
Late births _______________________________________________________ 28
Early births _______________________________________________________ 28
Maternity Leave – Notification Requirement _____________________________ 28
Death of Mother – Father’s Entitlement _________________________________ 29
Ante-Natal and Post-Natal Medical Care ________________________________ 29
Time off for Ante-Natal Classes _______________________________________ 29
Ante-Natal Classes – Notification Requirements __________________________ 30
Health and Safety Leave ____________________________________________ 30
Risk Assessment __________________________________________________ 30
Payment during Health and Safety leave ________________________________ 30
Postponement of Leave Due to Hospitalisation of Child ___________________ 30
Protection of Employment Rights______________________________________ 31
Breastfeeding Facilities ____________________________________________ 32
Adoptive Leave ___________________________________________________ 33
Introduction ____________________________________________________ 33
Adoptive Leave Entitlements _________________________________________ 33
Additional Adoptive Leave ___________________________________________ 33
Notification Requirements ___________________________________________ 33
Payment while on Adoptive Leave_____________________________________ 34
Protection of Employment Rights ______________________________________ 34
Attendance at Pre-adoption Classes and Meetings________________________ 35
Return to Work____________________________________________________ 35
Postponement of Adoptive Leave or Additional Adoptive Leave in Event of
Hospitalisation of Child _____________________________________________ 35
Death of Adopting Mother – Adopting Father’s Entitlement ___________________ 36
Paternity Leave _____________________________________________________ 37
Parental Leave _____________________________________________________ 41
Amount of Parental Leave ___________________________________________ 41
Age of Child ______________________________________________________ 41
Notification of Parental Leave ________________________________________ 42
Confirmation of Parental Leave ______________________________________ 42
Revocation of notice ______________________________________________ 42
Manner in which Parental Leave May be Taken __________________________ 42
Salary Deductions _________________________________________________ 43
Illness of parent ___________________________________________________ 43
Protection of Employment Rights ______________________________________ 43
Postponement of Parental Leave ______________________________________ 44
Right to Request changes to working hours or patterns (or both) _____________ 44
Force Majeure Leave ______________________________________________ 46
Entitlement ______________________________________________________ 46
Protection of Employent Rights _____________________________________ 46
Carer’s Leave______________________________________________________ 47
”Relevant Person” _________________________________________________ 47
Entitlement to Carer’s Leave _________________________________________ 47
Notification Requirements ___________________________________________ 48
Manner in which Carer’s Leave may be Taken ___________________________ 48
Taking Carer’s Leave for Another Relevant Person ________________________ 48
Confirmation of Carer’s Leave ________________________________________ 48
Revocation of Notice _______________________________________________ 49
Alterations to the Confirmation Document _______________________________ 49
Protection of Employment Rights ______________________________________ 49
Page | 4
Termination of Carer's Leave ________________________________________ 49
Return to Work ____________________________________________________ 50
Disputes _________________________________________________________ 50
Carer's Benefit ___________________________________________________ 50
Special Leave with Pay on Marriage ___________________________________ 51
Compassionate Leave _______________________________________________ 52
Jury Service _______________________________________________________ 53
Career Breaks ______________________________________________________ 54
General Conditions ________________________________________________ 54
Granting a Career Break ____________________________________________ 54
Notice to Return to Work ____________________________________________ 54
Career breaks for NCHDs __________________________________________ 55
Study Leave _______________________________________________________ 56
Study leave for NCHD’s ______________________________________________ 56
Special Leave with Nominal Pay _____________________________________ 58
Superannuation___________________________________________________ 58
Incremental Credit_________________________________________________ 58
Leave for Deployment with the Rapid Response Corps (RCC)_____________ 59
Reserve Defence Forces ____________________________________________ 60
Special Leave with Pay to Volunteer in Exceptional Humanitarian Crisis ____ 60
Leave for Trade Union Representatives ________________________________ 61
Time off During Work _______________________________________________ 61
Special Leave with Pay _____________________________________________ 61
Leave for Elected Representatives of Local Authorities ________________ 63
Other Types of Leave _______________________________________________ 64
Candidate for Interview ____________________________________________ 64
Ministerial Appointment ___________________________________________ 64
Selection Board___________________________________________________ 64
Shorter Working Year Scheme_______________________________________ 65
Section 2 – Pay Arrangements for After Hours Attendance __________________ 66
Overtime __________________________________________________________ 67
General Principle governing overtime arrangements _______________________ 67
Overtime for Part-time Employees _____________________________________ 67
Overtime Rates ___________________________________________________ 67
Nursing __________________________________________________________ 67
Support Staff ____________________________________________________ 68
NCHD’s _________________________________________________________ 68
Clerical _________________________________________________________ 69
Craftworkers______________________________________________________ 69
Ambulance_______________________________________________________ 70
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Time off in Lieu_____________________________________________________ 70
On-Call / Standby Allowance and Call-Out Payments __________________ 71
On-Call Stand-By Payment__________________________________________ 71
NCHD _________________________________________________________ 71
Theatre Nurse____________________________________________________ 72
Physiotherapists __________________________________________________ 72
Radiographers____________________________________________________ 73
Medical Laboratory Scientists _______________________________________ 73
Ambulance _____________________________________________________74
Public Health Nurse (Planned Essential Services) ________________________ 74
Sleepover _________________________________________________________ 74
Definition of Sleepover / Sleep in ______________________________________ 74
Payment System __________________________________________________ 74
Unsocial Hours _____________________________________________________ 75
Saturday Work ____________________________________________________ 75
Sunday Work _____________________________________________________ 75
Public Holiday ____________________________________________________ 76
Night Duty _______________________________________________________ 76
Shift Work ________________________________________________________ 76
Twilight Payment___________________________________________________76
Section 3 – Incremental Credit and Starting Pay on Promotion_____________ 77
Incremental Credit _________________________________________________ 77
Section A - General Principles________________________________________ 77
Long Service Incremnents(LSI)_______________________________________ 77
Part-time Employees_______________________________________________ 78
Section B - Special Arrangements _____________________________________78
Nurses __________________________________________________________ 78
Clerical/Administration Grades ______________________________________ 79
Non-Consultant Hospital Doctors ______________________________________ 79
Therapy Grades ___________________________________________________ 81
Dentists _________________________________________________________ 81
Dental Nurses ____________________________________________________ 81
Social Care Workers (Intellectual Disability Services) ______________________ 81
Pharmacists ______________________________________________________ 81
Pharmaceutical Technicians _________________________________________ 81
Assistant Technical Services Officer ___________________________________ 81
Senior Assistant Technical Services Officer______________________________ 82
Starting Pay on Promotion __________________________________________ 83
Nurses__________________________________________________________ 84
Mental Health Nurses_______________________________________________84
Therapy Grades ___________________________________________________85
Craft Worker ____________________________________________________ 85
Temporary Appointments ___________________________________________ 85
Page | 6
Page | 7
Disclaimer
The HSE Terms and Conditions of Employment guideline is a compendium of
the various terms and conditions of employment which currently apply in the
HSE. The terms derive from circulars, national agreements and/or legislation
and every effort should be made to ensure conformity and consistency of
application of the terms and conditions which are set out in the document. In
the event of dispute regarding the contents of this guideline, the relevant
circular, policy, collective agreement or legislation on which the guideline is
based will be the definitive source of reference and its provisions will take
precedence.
Page | 8
SECTION 1 - LEAVE
This section sets out the atypical working arrangements and leave
arrangements and payments for such leave that apply in the
Health Service Executive. Some leave types may not apply to all
employee categories. The following types of atypical working and
leave are covered:
Flexible Working Scheme
Annual leave
Public Holidays
Sickness Absence
Occupational Illness/Injuries Schemes
Maternity Leave including Health & Safety Leave
Adoptive Leave
Paternity leave
Parental Leave
Force Majeure Leave
Carer’s leave
Special Leave with Pay on Marriage
Compassionate Leave
Jury Service
Career Breaks
Study Leave
Special Leave with Nominal Pay
Leave for Deployment with the Rapid Response Corps
Reserve Defence Forces
Special Leave with Pay to Volunteers in Exceptional Circumstances
Leave for Trade Union Representatives
Leave for elected members of local authorities
Other Types of Leave
Shorter Working Year Scheme
Page | 9
Flexible Working Scheme
A scheme of flexible working which allows employees to work less than whole
time hours and receive entitlements on a pro rata basis applies in the health
service as set out in the Agreement on Flexible Working in the Health Service
(2001).
This scheme is subject to the overriding requirement that there should be no
adverse impact on service delivery. When considering applications for
working reduced hours, managers must assess whether the applicant can be
facilitated having regard to patterns of work and an assessment of the
capacity of the service to maintain required operational levels having regard
to overall service requirements.
As the employee’s terms and conditions are based on their contractual hours
as set out in his/her contract of employment, it is important to ensure that the
weekly hours specified in the contract reflect the actual patterns of
attendance. Where this is not the case, contracts should be reviewed and
amended accordingly.
For clarity of reference, part time and atypical working is referred to as part
time working throughout this document.
Annual Leave
The Organisation of Working Time Act, 1997-2015 sets out statutory
entitlements for employees in respect of annual leave and public holidays. All
health service employees are covered by the Act.
Qualifying Conditions for the Accrual of Annual Leave
There is no qualifying period or hourly threshold for entitlement to annual
leave. This means that all employees, regardless of the number of hours they
work a week, start to accrue an entitlement to annual leave from the
commencement date of their employment.
Entitlement to annual leave is based on the number of hours worked in the
leave year. The Act defines ‘working time’ as any time an employee is:
At his or her place of work or at his or her employer’s disposal, and
Carrying on or performing the activities or duties of his or her work.
When calculating an employee’s annual leave entitlement, employers should
include time spent on maternity leave, additional maternity leave, adoptive
leave, additional adoptive leave, paternity leave, parental leave, and the first
13 weeks of carer’s leave, annual leave, certified sick leave and public
holidays taken during the calculation period.
Page | 10
Calculating Annual Leave Entitlement
The Act sets out three mechanisms for earning a statutory entitlement to
annual leave. Employees are entitled to whichever one of the following is the
greater:
Employees who work at least 1,365 hours in the leave year are entitled to
the full statutory leave entitlement of four working weeks (unless it is a
leave year in which s/he changes employment).
If an employee does not work at least 1,365 hours in the leave year, s/he
is entitled to one-third of a working week per calendar month that s/he
works at least 117 hours.
If an employee works less than 117 hours, s/he is entitled to 8% of the
hours worked in the leave year, subject to a maximum of four working
weeks. (This is the mechanism normally used for calculating the annual
leave entitlement for part-time employees).
The ‘working week’ refers to the number of days or hours that the employee
normally works in a week. For example, if an employee works four days a
week (and exceeds the 1,365 hours threshold), then his/her holiday
entitlement to four weeks’ leave is equivalent to 16 days’ leave i.e. (4x 4
days). If an employee works five days a week, then his/her entitlement to four
weeks’ leave is equivalent to 20 days’ leave.
Where an employee commences employment or terminates his/her
employment during the leave year, annual leave entitlement is calculated on a
pro rata basis.
Annual leave in the HSE
The majority of health service employees receive annual leave entitlements
that are greater than the statutory minimum provided for under the
Organisation of Working Time Act.
HSE HR Circulars 11/2012 (existing employees) and 006/2014 (new
beneficiaries) provide for the following limits:
A minimum annual leave allowance of 22 days annual leave and a
maximum annual leave allowance of 32 days for existing employees and
30 days for new entrants and promotes
1
.
The assimilation of privilege / closure days , where applicable, into the
annual leave allowance of existing employees and new beneficiaries
subject to the limits listed above.
The abolition of festival days and race days.
Further detail is set out in aforementioned Circulars.
1
New entrant is defined in HSE HR Circular 6/2014 as new recruits and staff promoted to the HSE on or after 1
April 2012.
Page | 11
Computation of a Day’s Annual Leave
In the case of employees who have varying weekly hours of attendance or
who work shifts of varying lengths, the standard practice in the health service
is to convert their annual leave entitlement into hours. This is calculated by
dividing the normal weekly working hours for the grade by 5, and multiplying
this figure by the annual leave entitlement for the grade.
e.g. an employee who works a 39 hour week is entitled to 187.2 hours
per annum, i.e. 24 (days) × 7.8 (hours) = 187.2
Each time an employee takes annual leave, the number of hours s/he would
normally have been rostered to work on the day(s) taken should be
aggregated to determine the amount of annual leave taken.
e.g. an employee who takes annual leave on a day he/she would
normally have been rostered to work a 12 hour shift should be
deducted 12 hours from his/her annual leave entitlement.
Accrual of Annual Leave for Part-Time Employees
Part-time employees accrue an entitlement to annual leave on a pro rata
basis to their whole-time-equivalent.
Table 1
Formula for calculating pro-rata Annual Leave Entitlements of part-time
employees who work fixed working hours
Example: Employee who works 20 hours per week where WTE works 37 hours per week and
receives 24 days annual leave per annum
Hours worked by Part-Time Employee X Annual Leave
Hours worked by WTE of WTE in hours
20 X 24 (AL days) x 7.4 (daily hours)
37
0.54 X 177.6 = 95.9 eligible for 96 hrs
Employee is eligible for 96 hours annual leave per annum
Table 2
Formula for calculating pro-rata Annual Leave Entitlements of part-time
employees who work varying hours on an “if and when required” basis
Example: Part-time employee who works varying hours on an ‘if and when required’ basis
where Whole Time Equivalent (WTE) works 39 hours per week and receives 24 days annual
leave per annum, will receive pro-rata entitlement to the WTE based on a percentage figure
which is calculated using the formula below
Number of Annual Leave Days of the WTE Expressed in Hours x 100
Number of standard weekly working hours of the WTE x 52 weeks
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187.2 (24 AL days x 7.8 hours (1/5 of standard working week) x 100
2028 (39 (standard WTE weekly working hours) x 52 weeks
.092 x 100
= 9.2%
Annual leave entitlement of part-time employee is 9.2% of the hours which s/he
works.
Overtime
Hours worked on an overtime basis should not be reckoned in the calculation
of the annual leave entitlement or the payment for annual leave except in
cases where the employee falls short of the minimum entitlement as set out
by the Organisation of Working Time Act 1997.
In the health service part-time employees who work additional hours in excess
of their contracted hours will be entitled to accrue annual leave in respect of
the additional hours worked up to a maximum of the annual leave entitlement
for the whole time equivalent grade (HSE HR Circular 001/2012). In
situations where part-time employees are required to work beyond their
contracted hours on a regular rostered basis over a significant period of time it
may be more appropriate to review the employee's contracted hours if this
requirement is likely to continue.
Timing of Annual Leave
The time at which annual leave is taken is at the discretion of the employer,
having regard to service requirements and subject to the employee’s needs to
reconcile work and family responsibilities, and his/her opportunities for rest
and recreation.
An employee who has worked eight or more months in a leave year is entitled
to an unbroken period of two weeks’ leave, which may include one or more
public holidays.
The onus is on the employer to ensure that employees avail of their annual
leave entitlement in the leave year to which it relates. In exceptional
circumstances, due to service requirements, annual leave may be carried
forward into the first six months of the next annual leave year, provided the
employee agrees to defer his/her leave.
Illness during Annual Leave
Where an employee falls ill during a period of annual leave and submits a
medical certificate from a registered medical practitioner, the period covered
by the certificate is regarded as sick leave and annual leave entitlement is
restored.
Accrual of Annual Leave during Sick Leave
HSE HR Circular 08/2012 sets out the arrangements for the accrual and
carryover of annual leave during paid sick leave in the health sector. In
addition to the arrangements set out in HSE HR Circular 08/2012 the
Page | 13
statutory annual leave entitlement applies to periods of unpaid certified sick
leave and periods during which the employee is in receipt of Temporary
Rehabilitation Remuneration (TRR) and the Injury Grant (subject to receipt of
medical certification). These arrangements are set out in ERAS Memo
003/2015.
Annual Leave and Termination of Employment
The Organisation of Working Time Act (1997) prohibits payment in lieu of
annual leave except in circumstances where the employee’s contract of
employment is being terminated.
Pay during Annual Leave
Payment during annual leave includes any regular premier or allowance
normally paid to the employee and includes regular and rostered overtime.
Examples of payments currently included are: Saturday, Sunday, night duty,
twilight payment, and public holidays.
Note Premium payments for holiday pay purposes are based on an average
of premium earnings (exclusive of overtime), calculated over the 12 month
period preceding the annual leave year in which annual leave is being
granted. This payment is normally made on a designated date or dates as
agreed as agreed at each location.
C.f. Department of Health Circular No. S100/412
Calculating Holiday Premium Pay
To calculate holiday premium the total premium pay received by the employee
should be divided by the number of contracted hours worked by the employee
in a year (this gives the average premium earnings per hour) and multiplied by
the number of annual leave days in hours that the employee is entitled to.
To ensure maximum compliance with the Organisation of Working Time Act,
1997 it is recommended that the leave year for which holiday pay is being
granted/paid should be the same leave year used for calculating average
premium pay earnings.
For example, a health care assistant who is contracted to work 39 hours per
week and has an annual leave entitlement of 24 days would be entitled to the
following:
Total premium earnings: €7,500
Total annual contracted hours 2,028 (39 x 52)
Annual leave entitlement in hours (April 2015 to March 2016) 187.2 (24 x 7.8)
(7,500 / 2,028)*187.2 = €692.13
premium paid in 2013
An exception to this arrangement is Non Consultant Hospital Doctors who
have their annual leave paid on the basis of their average approved rostered
Page | 14
hours over a reference period of 13 weeks (please refer to the 2010 NCHD
Contract for further details).
Page | 15
Public Holidays
The Organisation of Working Time Act provides for nine public holidays as
follows:
Christmas Day
St Stephen’s Day
St Patrick’s Day
Easter Monday
The first Monday in May
The first Monday in June
The first Monday in August
The last Monday in October
The first of January
An employee’s entitlement in respect of each public holiday is as follows:
a paid day off on the public holiday; or
a paid day off within a month; or
an extra day’s annual leave; or
an extra day’s pay
As the employer may decide.
In the health service employees who work a ‘5 over 7’ roster usually receive
nine additional days leave in lieu of their liability to work on public holidays.
Qualifying Conditions
All permanent and temporary employees who work full-time have an
immediate entitlement to public holiday benefits. Employees who work on a
casual/part-time basis must have worked at least 40 hours during the 5-week
period ending on the day before the public holiday to qualify for the public
holiday.
Employee Absent from Work Prior to a Public Holiday
An employee is not entitled to a public holiday if s/he is absent from work
immediately before the public holiday for one of the following reasons:
Absence in excess of 52 consecutive weeks by reason of an
occupational injury
2
Absence in excess of 26 consecutive weeks by reason of an illness or
injury (not occupational)
Absences in excess of 13 consecutive weeks caused by a reason not
including injury or illness.
Absence by reason of a strike
Absences due to carer’s leave (after the first 13 weeks of leave have
elapsed)
Absences due to health and safety leave under the Maternity
Protection Act 1994 and 2004 i.e. an employee will not accrue an
2
An Injury sustained by the employee in an occupational accident within the meaning of the Social Welfare
(Consolidation) Act.
Page | 16
entitlement to the public holiday which occurred during the period of
Health and Safety Leave.
Payment and Compensation for Public Holidays
Payment for public holidays is governed by the Organisation of Working Time
(Determination of Pay for Holidays) Regulations, 1997. Payment in respect of
a public holiday includes any regular bonus or allowance normally paid to the
employee but excludes payment for overtime. Additionally many employees
in the health service receive premium payments in excess of the statutory
requirements.
Public holiday entitlements are implemented as follows:
A) Employees who work or who are normally required to work on the
day on which the public holiday falls
An employee who normally works on the day on which the public holiday falls
but has the day off by virtue of the fact that it is a public holiday is entitled to
his/her normal day’s pay.
An employee who works a ‘5 over 7’ roster and is scheduled to work on the
day on which the public holiday falls is entitled to payment for hours worked
plus single time extra for each of those hours. S/he is also entitled to an
additional day’s annual leave or an additional day’s pay based on 1/5 of
his/her standard working week in respect of his/her statutory entitlement for
the public holiday.
An employee who works a ‘5 over 7’ roster and whose scheduled day off is
the day on which the public holiday falls is entitled to an additional day’s leave
based on 1/5 of his/her standard working week.
B) Employees not normally required to work on the day on which the
public holiday falls
An employee who is not normally required to work on the day on which the
public holiday falls, (e.g. part-time employees who are rostered to work on
particular days only), is entitled one-fifth of his/her normal weekly pay. (Such
employees must however have worked 40 hours in the 5 weeks ending on the
day before the public holiday to qualify for this entitlement.)
C) Job-Sharers – Monday to Friday
Job-sharers who work Monday to Friday and do not work or are not normally
required to work on the day on which the public holiday falls are entitled to
receive, the appropriate rate in respect of the public holiday that is the amount
that is equal to one-tenth of the amount that is paid in respect of the last two
weeks of normal working hours worked by the employee before that public
holiday.
Public Holidays and Sickness Absence
Health service employees who work a Monday to Friday attendance regime
and normally receive a paid day off on the public holiday are covered by the
following arrangement: if the public holiday occurs during a period of
Page | 17
medically certified sick leave, the employee will be entitled to a paid day off in
lieu of the public holiday following their return to work. The public holiday
should be recorded as sick leave and the normal sick pay arrangements will
apply (HSE HR Circular 004/2012).
Health service employees who have a liability to work on public holidays (e.g.
nurses who work a ‘5 over 7’ roster) but who are ill on the day continue to
receive an additional nine days’ annual leave in lieu of this liability.
Public Holidays and Maternity Leave
An employee who is absent on statutory maternity leave, additional
maternity leave, adoptive leave, additional adoptive leave, paternity leave
or parental leave continues to accrue entitlement to public holidays.
Payment is based on the number of hours the employee would have
worked had the day not been a public holiday.
In the health service public holiday work is normally defined as any roster
which commences between midnight on the eve of the public holiday and
midnight on the public holiday.
Payment in respect of a public holiday includes any regular bonus or
allowance normally paid to the employee but excludes payment for
overtime.
Public Holidays and Termination of Employment
Where the employment terminates during the week ending on the day before
a public holiday and the employee has worked during the 4 weeks preceding
that week, the employee is entitled to be paid in respect of that holiday.
e.g. if Christmas Day (25
th
December) falls on a Friday and the employee
terminated his/her employment on the previous Friday (18
th
December), or
any time within that period, then s/he would still be entitled to payment for the
public holiday provided s/he also worked during the four weeks preceding the
week commencing the 18
th
December.
Page | 18
Sickness Absence
In the HSE the granting of sick pay is subject to employees’ compliance with
the HSE’s Managing Attendance Policy (2014). Other relevant policies and
procedures include the following:
Rehabilitation of Employees Back to Work after Illness or Injury ( 2011)
Long Term Absence Benefit Scheme Guidelines (2012)
Policy for prevention and management of Stress in the workplace
(2012).
Self Certified Sick Leave
An employee may be granted up to a maximum of 7 days self certified sick
leave in a rolling 24 month period (pro rata for part time staff). Self certified
leave may not exceed two consecutive working days
3
and a certificate from a
registered medical practitioner is required where the sickness absence is
longer than two consecutive working days.
Paid sick leave for single or two day absences may be granted where an
employee self certifies that they were unfit for duty due to illness. Any period
of self-certified sick leave in excess of 7 days in the relevant period will be an
unpaid absence from duty.
HSE HR Circular 020/2012 sets out details regarding these arrangements.
Public Service Sick Leave Regulations
HSE HR Circular 005/2014 and HSE HR Circular 19/2015 (Pregnancy
Related Sick Leave) set out the sick leave regulations for the public health
service. In addition transitional arrangements apply to serious illnesses which
occurred prior to the introduction of the Public Service Sick Pay Scheme (see
Employee Relations Advisory Services’ memos 30/01/2014 and 18/12/2014).
Key provisions of the scheme are as follows:
Ordinary Sick Leave Limits
The maximum length of time for which an individual may receive sick pay is
as follows;
• 92 calendar days (3 months) on full pay in a rolling 1 year period
followed by 91 calendar days (3 months) on half pay subject to
• A maximum of 183 calendar days in a rolling 4 year period
Any period of self-certified sick leave is taken into account for the purpose of
calculating the employee’s paid sick leave entitlement.
3
HSE HR Circular 20/2012.
Page | 19
Critical Illness Protocol (CIP)
When an employee becomes incapacitated as a result of critical illness or
injury and has supporting medical evidence for an extended period of sick
leave, the individual may, on an exceptional basis, is granted paid sick leave
extended as follows:
• 183 calendar days on full pay in a rolling 1 year period followed by 182
days on half pay subject to;
• A maximum of 365 calendar days in a rolling 4 year period.
The granting of exceptional extended paid sick leave is a decision of
management having considered the occupational medical advice and will be
granted in accordance with the criteria in the Critical Illness Protocol (HSE HR
Circular 005/2014 refers). The relevant HSE form for application is HR 113.
Protective Year
Where an employee has taken sick leave because of a critical illness / injury
and subsequently suffers from a non-critical illness/injury within a 12 month
period, the employee can continue to access the extended sick pay limits
normally given for critical illness/injury only (i.e. 365 days paid sick leave).
Transitional Arrangement /Serious Illnesses
The purpose of this transitional arrangement is to give a similar level of
protection to employees who had a serious illness or injury under their old sick
pay scheme as those who have a critical illness under the current Sick Pay
Scheme. Under this arrangement management can use the discretionary
provisions to award CIP for the current absence (even when the current
illness is not critical) and access to the “Protective Year” in cases where an
employee had a very serious illness or injury in the four years prior to the
introduction of the Sick Pay Scheme on 31 March 2014. (Note that the cut off
date of 30
th
March 2015 was discontinued following the decision to extend the
look back period from 12 months to 4 years).
When considering applications for extended sick pay in these circumstances
managers should refer to the provisions of the CIP which relate to
management discretion.
Temporary Rehabilitation Remuneration
Temporary Rehabilitation Remuneration (TRR) refers to the rate of pay an
individual may be awarded if he or she has exhausted paid sick leave. TRR
(formerly referred to as ‘Pension Rate of Pay’ (PRP)) may be paid where;
(a) The individual concerned has the service required for an ill health
retirement pension; and
(b) There is a reasonable prospect that the individual will be able to return
to work and give regular and effective service.
The rate of pay of TRR is the same as the rate of pension that the individual
would be paid if they were to retire on grounds of ill-health at that date.
Page | 20
The following limits apply for payment of TRR:
Ordinary sick leave: 547 calendar days on TRR in a rolling 4 year
period
Critical illness provisions: 365 calendar days on TRR in a rolling 4 year
period with a provision to extend for a further 2 years (730 calendar days)
subject to 6 monthly reviews.
The HSE Long Term Absence Benefit Scheme Guidelines (2012) set out the
procedures which apply to the payment of TRR (formerly Pension Rate of
Pay). The relevant HSE form for application is HR 114 b.
Sick Pay for Part-Time Employees and Fixed Term Employees
Part-time employees will be granted sick pay on a pro-rata basis, based on
their standard contracted hours of attendance
4
. Managers must adhere to the
principle that all HSE employees should be treated equitably in relation to
access to sick pay and therefore the method by which sick leave is recorded
and calculated should not result in more preferential arrangements for
employees who work atypical or part-time rostering arrangements.
Department of Finance Circular 31/2001 (Appendix III – “Work sharing and
sick leave thresholds”) sets out a methodology to achieve pro rata parity
between full time staff and part time staff.
In the case of fixed term employees, the entitlement to sick leave should
accrue on the basis of 35 days full pay and 35 days half pay per year of
service and proportionately less for an incomplete year, up to a maximum of
92 days full pay and 91 days half pay in a four-year period. An employee’s
entitlement should be calculated based on the duration of his/her contract.
Transitional Provisions
Where an employee was in receipt of sick pay on the date of the
commencement of the new sick leave scheme (31 March 2014), the pre-
existing sick leave provisions continue to apply for the duration of that episode
of sickness absence. When the employee returns to work any future sickness
absence will be dealt with under the terms of the new Public Service Sick
Leave Scheme.
Pregnancy Related Illness and Sick Pay
Arrangements governing certified pregnancy related illness and illness
occurring following maternity leave are set out in the HSE HR circular
19/2015. This document should be read in conjunction with the Department of
Public Expenditure and Reform Guidelines.
Sick Pay and Deduction of Department of Social Protection Illness
Benefit
4
Contracts of employment should reflect the reality of the employee’s weekly normal commitment.
Page | 21
In the HSE, any illness benefit from the Department of Social Protection
(DSP) which the employee is entitled to claim is deducted at source.
Employees are required to claim the DSP illness benefit within the required
time limits and comply with all the eligibility conditions laid down by DSP.
Employees who are in receipt of certain types of social welfare payments (e.g.
Survivors Pension) must choose to either retain their existing social welfare
benefit and forfeit their illness benefit or claim illness benefit and forfeit their
existing social welfare payment. In accordance with DSP rules, HSE
employees who can provide evidence that they have not claimed DSP illness
benefit to which they are entitled by reason of their decision to retain their
existing social welfare payment, may be exempt from the normal HSE
deduction at source.
Sickness Absence Recording
ERA’s memo 002/2015 sets out the standardised sickness absence recording
arrangements which apply in the HSE. Under these arrangements, rest
periods/weekends are only counted for sickness absence purposes when the
absence spans the rest period/weekend (i.e. the employee must be absent on
sick leave both before and after the rest period/weekend).
Occupational Illness/Injuries Schemes
Nurses who are absent due to MRSA
Nurses who are required to remain absent from work due to MRSA or
exposure to MRSA (based on infection control advice) may be granted sick
pay as follows:
Full pay for the first six months of absence
Three quarters of full pay for the second six months
Half of full pay for the third six months
C.f. HSE-EA letter dated 30
th
November 2006
Prevention of transmission of Blood Borne Diseases in the
health care setting
All employees taking up a post in the public health service that might involve
exposure prone procedure (EPPs) must provide evidence to the occupational
health service that they are not infectious for Hepatitis B. In the absence of
such evidence the employee will not be employed in a post where the duties
involve EPP’s.
Page | 22
In circumstances where an employee is identified as being infectious with a
blood borne disease the following arrangements apply:
Payment to Affected Employees
Following an initial screening and diagnosis of Hep B, Hep C or HIV and on
foot of medical advice being produced that the employee needs to curtail
clinical practice and is consequently unable to work, the following pay
arrangements would apply:
Full payment, inclusive of payments accruing for premiums and
allowances for a period of six months
Salary paid in this circumstance will not affect an individual’s
entitlement under the sick pay scheme.
During this six month period the employees must comply with the co-
operation procedure set out above.
First Special Extension
If it transpires before the end of the six month period as outlined above, that
the employee is unlikely to be able to return to work at the end of the sixth
month period or immediately thereafter, but there remains a reasonable
expectation that the individual may return to work, a first special extension of
pay under this scheme may be granted. The arrangements that apply during
this period will be the same as outlined above and will be approved by the
Head of HR following recommendation from the Occupational Health
Department and will not exceed a period of three months.
Second Special Extension
Notwithstanding the above, if it transpires, after medical evidence that a return
to work is unlikely during the three month period or immediately thereafter, but
there still remains a reasonable expectation that the individual will return to
work, a final extension may be granted. This special extension will provide for
basic pay only and this special extension will not exceed a period of three
months.
Application of Injury Grant Scheme
In exceptional circumstances, at the expiry of the special pay arrangements
outlined, the injury grant scheme may be invoked for such period as the
employer may consider reasonable following occupational health advice. Any
decision to apply the injury grant scheme for such period will be dependent on
the employee agreeing to undergo regular medical assessment as may be
deemed appropriate.
Further details further details are contained in HSE HR Circular 012/2009.
Page | 23
Serious Physical Assault Scheme
Employees who are absent from work as a result of a serious physical assault
by a patient/client incurred in the course of their duties are covered by the
Serious Physical Assault Scheme (Long Term Absence Benefit Scheme
Guidelines (2012). Payment is conditional on the assault occurring in the
actual discharge of the employee’s duties, without his / her own default and by
some injury attributable solely to the nature of his/her duty.
The scheme provides for full pay (including allowances and premium
earnings) for a period of up to
- 6 months for officer grades;
- 3 months for support employees grades;
- Special extensions to the scheme for nurses (3 months at basic
pay plus allowances and premium pay and 3 months at basic pay
only).
Payment under the Serious Physical Assault Scheme does not affect an
employee’s entitlement under the sick pay scheme.
In order to be eligible for the scheme the employee must be seriously
physically assaulted in the workplace in the course of his/her duty. A serious
physical assault is defined in the Long Term Absence Benefit Scheme
Guidelines 2012 as:
“The intentional or reckless application of force against the person
by another without lawful justification, or causing another to believe
on reasonable grounds that s/he is likely immediately to be
subjected to such force without lawful justification, resulting in
physical injury.”
5
The Long Term Absence Benefit Scheme Guidelines sets out the details
relating to the operation of the Scheme. In addition CERS memorandum
26/2016 highlights that medical evidence if available can be used by
managers to determine if the employee satisfies the eligibility criteria without
having to await the outcome of an Occupational Health Assessment
Revised Serious Physical Assault Scheme for Nurses
Under the Revised Serious Physical Assault Scheme nurses who fall eligible
may be granted two further extensions to the scheme. If the nurse does not
resume duty during the six month period the line manager/appropriate
manager should arrange another appointment with Occupational Health for
six weeks prior to the expiration of the six month period. If the outcome of this
5
At the time of print (April 2017) the health service trade unions are disputing the HSE’s interpretation of this
definition.
Page | 24
assessment is that the nurse is not yet fit to resume duty but there remains a
reasonable expectation that he/she will return to work than the line
manager/appropriate manager may seek a special extension of the pay
arrangements outlined above for a period not exceeding 3 months. The
application must be approved by the relevant senior / General Manager and if
approved the HR/Employee Relations Department must notify the employee.
Payroll must also be informed make the necessary pay arrangement.
In line with the provisions of the Serious Physical Assault Scheme the line
manager/ appropriate manager must arrange a further appointment with
Occupational Health for six weeks prior to the expiration of the first extension
period. If Occupational Health assess the employee is still not fit to return to
work but there still remains a reasonable expectation that the nurse will return
to work than a final extension may be granted. The process for authorising
this extension is through the original application channels and if approved the
line manager/appropriate manager must notify the nurse and the HR and
payroll department. The second extension is for basic pay only and may be
granted to for a period not exceeding three months.
Nurses may appeal a decision in relation to eligibility to the benefits of the
scheme to an independent Appeals Board under the Revised Serious
Physical Assault Scheme. The Appeals Board is comprised of a two
adjudicators -a management and union nominee. Applications for appeal
must be submitted in writing to the secretariat for the scheme, HSE Corporate
Employee Relations Services, 63 – 64 Adelaide Road, Dublin 2. All other
grades can appeal a decision through the Grievance Procedure.
Refer to the Long Term Absence Benefit Scheme Guidelines (2012) which
include as an appendix the Revised Serious Physical Assault Scheme for
Nurses (2001) for further details on the operation of the scheme.
Hospital Expenses
Expenses incurred in respect of hospital/medical charges will be recouped as
follows:
a) A refund of expenditure incurred in respect of treatment provided
by the Irish Public Health Service.
b) General Practitioner, Casualty and Consultant visits.
c) Prescription charges.
Employees must claim under medical insurance where appropriate (e.g. VHI,
Drug Refund Schemes etc) in the first instance. Payment will be made solely
in respect of any excess expenditure by the employee. Payments under this
scheme do not confer any admission of liability on the part of the employer.
In exceptional circumstances an employee may be refunded in respect of
expenditure for private treatment (for example, where there are long waiting
times for treatment or where treatment is not available in the public health
service).
Page | 25
Employee’s Entitlements following Expiry of Payment under the Serious
Physical Assault Scheme
Following expiry of an employee's entitlement to six months' pay under the
Serious Physical Assault Scheme, an employee may be granted sick pay in
accordance with the provisions of the normal sick pay regulations. If the
employee eventually exhausts their entitlement to full pay under the normal
sick pay regulations and is still unfit to resume work, consideration may be
given at that stage to applying the injury grant scheme subject to the
provisions of the relevant superannuation scheme.
Note
In the case of all employees, payment of the injury grant should be
conditional on the employee undergoing medical reviews at appropriate
intervals to determine their capability to resume work and to identify
appropriate measures to facilitate the employee's return to work.
Injury Grant Scheme
Injury grant is an allowance paid to employees who are injured during the
course of their work. It is provided for by Articles 49 and 109 of the Local
Government (Superannuation) (Consolidation) Scheme 1998 and s.12.1 of
the HSE Employee Superannuation Scheme 2010. In order to qualify for the
allowance an employee must be injured—
(a) In the actual discharge of his or her duty, and
(b) Without his or her own default, and
(c) By some injury attributable solely to the nature of his or her duty.
The gross amount of the allowance may not exceed five-sixths of the
remuneration (inclusive of emoluments) of the position in which the employee
received the injury and is subject to certain deductions such as any social
welfare benefits or pension payable.
The injury grant is a payment for which application must be made and can be
paid for life or for a limited period as the employer may consider reasonable
(each case must be considered on its merits). Further information is
contained in the Long Term Absence Benefit Scheme Guidelines (2012)
Insurance based compensation schemes for mental health
and emergency department/related areas’ nurses
The insurance based schemes for nurses employed in mental health services
and in emergency departments and emergency department assessment
Page | 26
areas provide for a scheme of personal injury cover for nurses who are
assaulted in the course of their duties. For further information refer to HSE HR
Circular 29/2008 (Insurance based mechanism to address significant trauma
for mental health nurses); HSE HR Circular 04A/2008 (Insurance based
scheme for mental health nurses); and HSE HR Circular 002/2017 (insurance
based scheme and mechanism to nurses employed in Emergency
Departments and related areas).
Page | 27
Maternity Leave
Introduction
The Maternity Protection Acts 1994 and 2004 provides protection for all
pregnant employees, employees who have recently given birth and/or who
are breastfeeding. There are no service qualifications.
Maternity Leave
Employees are entitled to 26 weeks paid maternity leave subject to
compliance with the statutory notification requirements.
A pregnant employee may begin and end her maternity leave on any day she
selects but must take:
a minimum of two weeks leave before the end of the expected week of
confinement
4 weeks leave after the end of the expected week of confinement.
Additional Maternity Leave
An employee is entitled to take 16 weeks’ (unpaid) additional maternity leave
immediately after the end of ordinary maternity leave.
Payment while on Maternity Leave
All employees on maternity leave are entitled to basic pay plus normal fixed
allowances less any maternity benefit to which they may be entitled on foot of
their social welfare contributions. This does not include additional amounts
due to night work, overtime, shift work, working unsociable hours, and
standby or on-call allowances.
Part-time employees with regular weekly hours of attendance are entitled to
normal basic pay (exclusive of unsocial hour’s premium payments, overtime,
on-call/standby allowances).
Part-time employees with varying weekly hours of attendance (“if and when
required”) are entitled to their average weekly pay, (exclusive of unsocial
hours premium payments, overtime, on-call/standby allowances), calculated
over the previous 13 weeks.
Falling ill during paid or unpaid Maternity Leave
Employees who become ill during the last four weeks of maternity leave and
who have applied for additional maternity leave or who already on additional
maternity leave may, if they becomes sick, request the employer to terminate
the additional maternity leave and to take sick leave instead. If the employer
agrees the employee may be entitled to avail of the sick leave scheme.
However, the employee will not be entitled to resume their additional
maternity leave after this period of sick leave.
Fixed-term Contracts
Employees on fixed term contracts are covered by the Maternity Protection
Act for the duration of their contract and are entitled to receive maternity pay.
However should the fixed term contract expire before the end of maternity
Page | 28
leave the employee’s contract of employment will have come to an end and
the employee will no longer be covered by the maternity protection legislation
or be eligible for maternity pay.
The exception to this rule are NCHDs who are entitled to receive maternity
pay from their employer for the full 26-week period, even if their contract
expires prior to the end of their maternity leave. Refer to NCHD contract 2010
for further details.
Undergraduate Nursing/Midwifery Students Undertaking the Continuous
Thirty Six week Internship (HSE Circular No. 28/2008)
Students who are pregnant during the course of a paid internship may avail of
maternity leave in accordance with the Maternity Protection Acts 1994 and
2004. Students on maternity leave may continue to receive payment up until
the date the internship was due to expire.
The student will be entitled to return to complete the internship with pay at the
end of the maternity leave and complete the outstanding clinical hours in
order to fulfil the mandatory requirements of registration.
Still Births
In the event of a stillbirth occurring after the 24th week of pregnancy, an
employee is entitled to 26 weeks maternity leave.
Late Births
If the baby’s late birth means that an employee has less than four weeks
maternity leave remaining after the week in which her baby was born, then
she may extend her maternity leave to ensure she has a full four weeks off
following the week of the birth.
Early Births
In the event of an employee giving birth more than 4 weeks before the
expected date of confinement the employee is entitled to take 26 weeks
maternity leave from the date she gives birth. An employee must give written
notice to their employer within 14 days of the birth in these circumstances.
Maternity Leave – Notification Requirements
An employee must notify her employer of her intention to take maternity leave
at least four weeks before the leave is due to commence. Employees must
complete Application Form – HR 108 (i).
Application for additional maternity leave should be made either at the time of
the initial application or in writing not later than 4 weeks before the end of the
maternity leave.
If an employee changes her mind about taking maternity leave she may
revoke the notice by sending a further written notice to her employer.
Page | 29
Death of Mother – Father’s Entitlement
If a woman who has been delivered of a living child dies at any time before
the expiry of the fortieth week following the week of her confinement, the
father of the child shall be entitled to paid leave from his employment for a
period ending as follows:
(a) if the mother dies before the expiry of the twenty-fourth week following
the week of her confinement, the period ends at the end of that twenty-fourth
week, and
(b) If the mother dies at any time after the expiry of that twenty-fourth week
at the end of the fortieth week following the week of her confinement.
Additionally a father who has taken leave as outlined in (a) above shall, if he
so wishes be entitled to further unpaid leave from his employment for a
maximum period of 16 consecutive weeks.
The leave may be postponed in the event of hospitalisation of the child or
terminated in the event of the sickness of the father in line with similar
provisions for the mother as outlined.
Leave to which the father is entitled must commence within 7 days of the
mother’s death.
c.f. S.I. No 51 of 2006 Maternity Protection Act 1994 (Extension of Periods of
Leave) Order 2006
Ante-Natal and Post-Natal Medical Care
An employee is entitled to time off work without loss of pay to attend ante-
natal and post-natal medical visits. Time off includes the time required to
travel to and from the appointment. The employee must notify her employer
in writing of the date and time of the appointment as soon as is practicable
and in any event not later than two weeks before the date of the appointment.
Time off for Ante-Natal Classes
A pregnant employee is entitled to time off work without loss of pay to attend
one set of ante-natal classes (except for the last 3 classes). This right to
attend only one set of antenatal classes covers all an employee’s pregnancies
while in employment. If, for any reason, the employee is unable to attend
some classes due to circumstances beyond her control including:
miscarriage
stillbirth
premature birth
illness of the employee
Then the employee can carry over her entitlement to paid time off work to
attend any untaken classes (excluding the last 3 classes) to her next
pregnancy.
Expectant fathers have a once-off entitlement to paid time off work to attend
the last two ante-natal classes immediately prior to the birth.
Page | 30
Ante-Natal Classes – Notification Requirements
The employee must notify her or his employer in writing of the dates and
times of these classes as soon as is practicable and in any event not later
than two weeks before the first class. If the employer wishes the employee
may be required to provide the appropriate documentation outlining the dates
and time of classes.
Health and Safety Leave
Pregnant employees, employees who have recently given birth and/or
employees who are breast-feeding may be entitled to take health and safety
leave in certain circumstances (see below).
Risk Assessment
The Safety, Health and Welfare at Work (General Application) Regulations
2007 requires employers to assess the workplace for risks to safety or health
of any pregnant employees, employees who have recently given birth or who
are breastfeeding. If a risk is identified and it is not practicable to take
protective or preventative measures, the employee’s working conditions or
working hours must be temporarily adjusted. If this is not possible, the
employee must be given suitable alternative work. If no such work is
available, the employee should be granted health and safety leave.
Where an employee has a medical certificate stating that for health and safety
reasons she is not required to perform night work during the pregnancy or for
14 weeks immediately following childbirth, the employer must remove her
from night work by either transferring her to day time duties or, if this is not
feasible, granting the employee health and safety leave. "Night Work" is
defined as work during the period between 11.00 p.m. and 6.00 a.m. where
(a) the employee works at least three hours (not necessarily consecutive) in
that period as a normal course, or (b) where at least 25% of the employee’s
working time is performed between those times.
Payment during Health and Safety Leave
An employee on health and safety leave is entitled to full basic pay plus any
allowance normally paid from the employer for the first 21 calendar days of
leave. Pay does not include additional amounts an employee would receive
for night-work, shift-work, overtime, working unsociable hours, standby or on-
call allowances.
An employee whose health and safety leave extends beyond 21 days may be
entitled to health and safety benefit from the Department of Social Protection,
subject to her P.R.S.I. contributions.
Postponement of Leave Due to Hospitalisation of Child
An employee may postpone the period of maternity leave / additional
maternity leave (subject to the agreement of her employer) in the event of the
hospitalisation of the newborn child. Leave may only be postponed after 14
weeks maternity leave has been taken. These provisions apply to the father
of the child, where the father is taking maternity leave in the place of the
mother.
Page | 31
The decision to postpone the maternity leave or additional maternity leave is
subject to the agreement of the employer. If the employer does agree to
postpone the leave, then the employee concerned must return to work on the
date agreed between both parties. The remaining leave is postponed and the
employee will be entitled to take “resumed leave” not later than seven days
after the discharge of the child from hospital. The remaining leave must be
taken in one block.
The maximum period of postponement of leave will be 6 months from the
return to work date. The employer may require an employee to provide a
letter from the hospital in which the child is hospitalised, confirming the
hospitalisation. The employer may also require a letter, or other appropriate
documentation, from the hospital or the child’s GP confirming that the child
has been discharged from the hospital in order to allow the employee to
commence their postponed leave.
Protection of Employment Rights
Maternity Leave and Additional Maternity Leave
During maternity leave and additional maternity leave, an employee is
treated as if she was still at work and therefore continues to accrue all
rights (except the right to remuneration
6
and superannuation) during this
period7. This includes the right to annual leave and public holidays,
incremental credit, seniority, etc.
Health and Safety Leave
During health and safety leave, an employee is treated as if she was still at
work and continues to accrue entitlements based on actual service.
However, she has no entitlement to any public holidays that may occur
during this period.
Sick Leave and Annual Leave
Absence from work on maternity leave may not be treated as part of any
other leave, including sick leave or annual leave, to which an employee is
entitled.
Public Holidays
An employee’s maternity leave is extended by the number of public
holidays which fall during the period of such leave (with the exception of
health and safety leave).
Probation, training and apprenticeships
All periods of probation, training and apprenticeship that are interrupted by
maternity leave are suspended until the end of the leave.
6
Whilst the maternity protection legislation does not provide an entitlement to remuneration during maternity leave
the health service operates a maternity pay scheme.
7
In the event of the death of the mother, the same conditions apply to the father’s leave
Page | 32
Return to Work
An employee who has been absent on maternity leave is entitled to return
to the same job as previously held, under the same contract of
employment.
Where it is not reasonably practicable to permit an employee to return to
her previous job, she is entitled to ‘suitable alternative work’ which should
not be substantially less favourable in terms of pay, responsibility, etc.
The employee’s right to return to work is conditional on giving written
notification of intention to return to work.
Breastfeeding Facilities
Breastfeeding mothers who have given birth within the previous 6 months
have an entitlement, without loss of pay, to either an adjustment of working
hours to allow them to breastfeed their child, or where breastfeeding facilities
are provided by the employer, to breastfeeding breaks. These breaks may be
taken in the form of:
One break of 60 minutes per day
Two breaks of 30 minutes each per day
Three breaks of 20 minutes per day
Or in such other manner as agreed between her and her employer
If no breastfeeding facilities exist the employee may reduce her working day
by 1-hour and that reduction may comprise of:
One period of 60 minutes
Two periods of 30 minutes each
Three periods of 20 minutes
Or in such other manner as agreed between her and her employer
Page | 33
Adoptive Leave
Introduction
All employees are covered by the Adoptive Leave Acts 1995 -2005, which
provides a range of entitlements for adopting parents.
Adoptive leave may be granted to the following:
An employed adopting mother;
A sole male adopter: that is, a male employee who is adopting a child
on his own;
An employed adopting father is also entitled to certain leave in
circumstances where the adopting mother has died before or during
the period of adoptive leave or additional adoptive leave.
Adoptive Leave Entitlements
An employee is entitled to 24 consecutive weeks’ (paid) adoptive leave and
16 consecutive weeks’ additional (unpaid) adoptive leave subject to
compliance with the notification requirements.
In the case of a foreign adoption, some or all of the 16 weeks’ additional
adoptive leave may be taken immediately before the date of placement.
The adopting mother / father and employer may agree to terminate unpaid
additional adoptive leave in the event of her illness thereby allowing the
employee to transfer onto paid sick leave. However, the employee will not be
entitled to resume their additional adoptive leave after this period of sick
leave.
Additional Adoptive Leave
An employee is entitled to take 16 weeks’ (unpaid) additional adoptive leave
immediately after the end of ordinary adoptive leave.
Notification Requirements
The entitlement to adoptive leave and additional adoptive leave is subject to
the notification requirements and evidence of placement requirements.
An employee must give at least 4 weeks’ notice, before the expected day of
placement of the child, of his / her intention to take adoptive leave. If the day
of placement is postponed the leave may be postponed until the new day of
placement.
Application for additional adoptive leave should be made not later than 4
weeks before the end of the paid adoptive leave.
An adopting parent who is taking adoptive leave must give her/ his employer a
certificate of placement. The certificate must be given as soon as reasonably
practicable as but no later than 4 weeks after the day of placement. The
certificate may be obtained by the employee from the Health Service
Executive or the adoption society which arranged the placement. An Board
Uchtála will issue the certificate of placement in other Irish placement cases.
Page | 34
In the case of foreign adoptions an eligible employee must give her/his
employer a copy of the declaration of eligibility and suitability before beginning
adoptive leave or additional adoptive leave (whichever is the earlier). He or
she must give the employer details of the placement as soon as is reasonably
practicable.
Payment while on Adoptive Leave
While the adoptive leave legislation does not protect the employee’s
entitlement to remuneration, the health service operates an adoptive pay
scheme as follows:
All employees on adoptive leave are entitled to their basic pay plus normal
fixed allowances less any adoptive benefit to which they may be entitled on
foot of their social welfare contributions. This does not include additional
amounts due to nightwork, overtime, shiftwork, working unsociable hours,
standby or on-call allowances.
Part-time employees with regular weekly hours of attendance are entitled to
their normal basic pay (exclusive of unsocial hours premium payments,
overtime, on-call/standby allowances).
Part-time employees with varying weekly hours of attendance (“if and when
required”) are entitled to their average weekly pay, (exclusive of unsocial
hours premium payments, overtime, on-call/standby allowances), calculated
over the previous 13 weeks.
No payment is made in respect of additional adoptive leave.
Protection of Employment Rights
Adoptive Leave and Additional Adoptive Leave
During adoptive leave and additional adoptive leave, the employee is treated
as if s/he was still at work and therefore continues to accrue all rights (except
the right to remuneration
8
and superannuation) during this period. This
includes the right to annual leave and public holidays, incremental credit,
seniority, etc.
Sick leave and Annual leave
Absence from work on adoptive leave or additional adoptive leave may not be
treated as part of sick leave, annual leave or any other leave to which an
employee is entitled.
Public holidays
An employee’s adoptive leave is extended by the number of public holidays
which fall during the period of such leave.
8
Whilst the adoptive leave legislation does not provide an entitlement to remuneration during adoptive leave the
health service operates a scheme of paid adoptive leave
Page | 35
Probation, training and apprenticeships
All periods of probation, training and apprenticeship that are interrupted by
adoptive leave are suspended until the end of the leave.
Attendance at Pre-adoption Classes and Meetings
Adopting parents are entitled to time off during work hours without loss of pay
to attend preparation classes and pre-adoption meetings required during the
adoption process with social workers/ Health Service Executive officials9.
Written notification of dates and times of classes must be supplied to the
employer not later than 2 weeks before the dates of the classes concerned.
Return to Work
An employee who has been absent on adoptive leave is entitled to return to
the same job as previously held, under the same contract of employment.
Where it is not reasonably practicable to permit an employee to return to his/
her previous job, he/she is entitled to ‘suitable alternative work’ which should
not be substantially less favourable in terms of pay, responsibility, etc.
An employee must inform her/his employer, in writing, at least 4 weeks
beforehand of the date on which she/he intends to return to work after
adoptive leave or additional adoptive leave. The employee’s right to return to
work is conditional on giving written notification of intention to return to work.
Postponement of Adoptive Leave or Additional Adoptive Leave in Event
of Hospitalisation of Child
Under the Act an employee may, if the adopted child is in hospital and the
employee is entitled to or is on adoptive leave or additional adoptive leave,
apply to the employer to postpone:
part of the adoptive leave
part of the adoptive leave not taken and the additional adoptive leave
or
the additional adoptive leave or part of it not taken.
The decision to postpone the adoptive leave or additional adoptive leave is
subject to the agreement of the employer. If the employer does agree to
postpone the leave, then the employee concerned must return to work on the
date agreed between both parties. The remaining leave is postponed and the
employee will be entitled to take “resumed leave” not later than seven days
after the discharge of the child from hospital or such other date as may be
agreed between the employee and the employer. The remaining leave must
be taken in one block.
The maximum period of postponement of leave will be 6 months from the
return to work date. The employer may require an employee to provide a
letter from the hospital in which the child is hospitalised, confirming the
hospitalisation. The employer may also require a letter, or other appropriate
9
This applies only to pre-adoption classes and meetings within the State.
Page | 36
documentation, from the hospital or the child’s GP confirming that the child
has been discharged from the hospital in order to allow the employee to
commence their postponed leave.
If an employee who postpones her/his adoptive leave becomes ill after
returning to work and before taking “resumed leave” she/he may be
considered to have started her resumed leave on the first day of absence
because of illness. Alternatively, she may choose to forfeit her right to
resumed leave and have her leave treated in the normal manner under the
sick pay scheme.
Death of Adopting Mother – Adopting Father’s Entitlement
Adopting fathers (under a contract of employment), where the adopting
mother dies before the date of placement, are entitled to the 24 weeks of paid
adoptive leave.
Where the adopting mother dies on or after the day of placement, adopting
fathers are entitled to 24 weeks paid adoptive leave less the period beginning
on the day of placement and ending on the date of the mother’s death ie: the
balance of the leave.
Where the adopting mother dies before the expiration of the 24th week
following the date of placement, an adopting father has an overall entitlement
to 16 weeks unpaid leave.
If an adopting mother dies on or after the expiration of 24 weeks from the date
of placement, the adopting father has an overall entitlement to 16 weeks
unpaid leave less the period between the date of that expiration and the date
of the mother’s death.
Page | 37
Paternity Leave
Entitlement to Paternity Leave
The Paternity Leave and Benefit Act 2016 came into effect on the 1
September 2016. The Act provides that an employee who is a relevant
parent in relation to a child shall be entitled to “2 weeks leave
10
from his or her
employment to enable him or her to provide, or assist in the provision of, care
to the child or to provide support to the relevant adopting parent or mother of
the child, as the case may be, or both”. An employee who is a relevant parent
is entitled to paternity leave in respect of a child where the date of
confinement falls on or after 1
st
September 2016. In the case of a child who
is, or is to be, adopted, an employee is entitled to paternity leave where the
day of placement in respect of the child falls on or after 1
st
September 2016.
The leave can be taken at any time within the first 6 months following the
birth of the child or the placement of the relevant child with their adoptive
parents.
Paternity Leave shall comprise a single period of 2 weeks except in
situations where the child is hospitalised.
Only one person who is a relevant parent in relation to a child shall be
entitled to paternity leave in respect of that child
11
.
An employee is only entitled to one period of paternity leave in respect
of multiple births or where he or she adopts 2 or more children at the
same time.
Payment while on Paternity Leave
Employees on paternity leave may be eligible for Paternity Benefit paid by the
Department of Social Protection (DSP). Paternity Benefit will be paid at the
same rate as Maternity Benefit and will be based on the same PRSI
contribution requirements. All employees applying for Paternity Benefit must
have their paternity leave certified by their employer. A form PB 2: Employer
Certificate is available for this purpose. Further information on the
arrangements relating to Paternity Benefit and frequently asked questions are
set on the DSP website - https://www.welfare.ie/en/Pages/Paternity-Benefit-
FAQ.aspx
While the legislation does not provide an entitlement to remuneration during
paternity leave (apart from the provisions relating to State Paternity Benefit)
10
The Act does not define what is meant by “2 weeks leave” but it may be interpreted as a block of 2 continuous
calendar weeks from the date chosen by the employee as the commencement date of paternity leave.
11
The only exception is in the case of adoptions where paternity leave was taken prior to the adoption of the child
by a person other than the relevant parent (section 6(4))
Page | 38
health service employees who take paternity leave under the 2016 Act are
entitled to receive the following from their employer:
his/her normal basic remuneration plus normal fixed allowances less
Paternity Benefit to which he/she may be entitled from the Department
of Social Protection (subject to PRSI contributions).
This payment does not include additional amounts due to nightwork,
overtime, shiftwork, working unsociable hours, standby or on-call
allowances.
Scope of the Act
The leave entitlement will apply to:
the father of the child,
the spouse, civil partner or cohabitant of the mother of the child
(regardless of gender),
a parent of the child under section 5 of the Children and Family
Relationships Act 2015 where the child is a donor-conceived child
within the meaning of that Act.
In the case of a child who is adopted the leave will apply to:
a person (other than the mother of the child) who is the spouse, civil
partner or cohabitant of the adopting mother or sole male adopter of
the child,
where the child is, or is to be, jointly adopted by a married couple of the
same sex, the spouse chosen by that couple to be the relevant parent
for the purposes of the Paternity Leave and Benefit Act 2016.
Notification Requirements
The employee is required to give written notification of his or her intention to
take paternity leave as soon as reasonably practicable but not later than 4
weeks before the expected week of confinement of the expectant mother
concerned.
In the case of a child who is, or is to be, adopted the employee is required to
give written notification as soon as reasonably practicable but not later than 4
weeks before the expected day of placement.
HSE Form HR 108(k) is the relevant form for completion. A guidance note
accompanying the form is attached and sets out the additional conditions
applying to the notification process.
Allocation of Parental Leave
The employee may decide on the commencement date for his or her paternity
leave and this date should be specified in the employee’s written notification
of intention to take leave. The period of paternity leave will commence on the
date the employee has set out in his or her written notice but it cannot
commence earlier than the date of confinement of the expectant mother, or
day of placement for adoption, and cannot be later than 26 weeks after that
date or day.
Page | 39
Commencement of Paternity Leave (Early Confinement)
In the case of early births where the date of confinement occurs in a week that
is 4 weeks or more before the expected date of confinement, the employee
shall be deemed to have complied with the notification requirements if he or
she gives the notification required within 7 days of the date of confinement.
Employees on Fixed Term or Specified Purpose Contracts
Where an employee who is a relevant parent is employed under a fixed term
contract and the fixed term contract will expire before the end of the period of
paternity leave then the employee’s paternity leave entitlement will cease on
the date of expiry of his or her contract of employment and the employee will
no longer be covered by the paternity leave legislation. In the case of an
employee on a specified purpose contract, the paternity leave entitlement will
cease when the contract of employment is terminated (i.e. upon the cessor of
the purpose for which he or she was employed).
Postponement of Paternity Leave
Where the day of placement is postponed or the date of confinement occurs
after the date selected by the employee in his or her written notification, the
employee shall be entitled to select another commencement date for the
paternity leave.
Postponement of Paternity Leave in event of sickness of the relevant
parent
Where an employee becomes sick prior to the commencement of his or her
paternity leave and wishes to postpone the paternity leave, he or she may do
so by giving notice in writing as soon as reasonably practicable after
becoming sick and providing the relevant evidence in respect of the sickness
(i.e. medical certificate). The employee may postpone the taking of paternity
leave to such time as he or she is no longer sick. The entitlement to avail of
postponed leave is subject to the employee giving written notification as soon
as reasonably practicable but not later than the day on which the postponed
leave begins of his or her intention to commence such leave.
Postponement of Paternity Leave in event of hospitalisation of child
An employee who is entitled to, or is on, paternity leave may, if the child
concerned is hospitalised, request his or her employer to postpone the leave
or part of it as may be appropriate. The employee must submit this request in
writing. The postponement of leave is subject to the employer’s agreement.
The employer shall notify the employee in writing of the decision in relation to
the request to postpone leave as soon as reasonably practicable following
receipt of it.
Employment Protection
While an employee is on paternity leave the employee shall be considered to
be in the employment of the employer and shall be treated as if he/she had
not been absent. Paternity leave will not affect any rights related to the
Page | 40
employee’s employment other than his/her right to remuneration during
paternity leave
12
.
Return to Work
An employee is entitled to return to work at the expiry of the period of parental
leave:
To the same job as previously held
On the date specified in the written notice of application for leave.
Further details on the terms and conditions attaching and accompanying
guide are set out in HSE HR Circular 003/2017.
12
Health service employees who take paternity leave under the 2016 Act are entitled to his/her normal basic
remuneration plus normal fixed allowances less Paternity Benefit to which he/she may be entitled from the
Department of Social Protection (subject to PRSI contributions).
Page | 41
Parental Leave
The Parental Leave Act 1998 and 2006 provides an entitlement for parents to
avail of unpaid leave from employment to enable them to take care of young
children.
Amount of Parental Leave
Employees who are the natural or adoptive parents of a child or who are
acting in loco parentis in respect of a child are entitled to parental leave of 18
weeks per child to enable them to take care of the child (HSE HR Circular
006/2013). Where an employee has more than one child, parental leave is
limited to 18 weeks in a 12-month period.
In the case of multiple births, an employee is entitled to 18 weeks’ leave for
each child of the multiple birth and the 12 month restriction on the taking of
the leave does not apply.
Age of Child
In general, a period of parental leave must end not later than the day on which
the child attains the age of 13 years (HSE HR Circular 003/2011).
If a child was adopted between the age of eleven and thirteen, leave in
respect of that child may be taken up to two years after the date of the
adoption order.
Where a child has a long term illness / disability the period of parent leave
must end not later than the day on which the child attains the age of 16 years.
A disability is defined under the Act as “an enduring physical, sensory, mental
health or intellectual impairment of the child such that the level of care that is
required for the child is substantially more than the level of care that is
generally required for children of the same age who do not have any such
impairment”. Long-term illness means an illness, the effect of which is that
the level of care required for the child is substantially more than the level of
care that is generally required for children of the same age who do not have
any such long term illness.
A maximum of 14 of the 18 weeks parental leave may be transferred from one
parent to another if both parents are employed by the same employer, subject
to the employer’s agreement (HSE HR Circular 006/2013).
Generally the employee must have at least one year’s continuous service with
the employer before s/he is entitled to taken parental leave. However, where
the child is approaching the age threshold and the employee has more than
three months’ but less than one year’s service with the employer, s/he shall
be entitled to pro rata parental leave. In such a case the employee will be
entitled to one week’s leave for every month of continuous employment
completed with the employer when the leave begins.
Page | 42
Notification of Parental Leave
An employee must give written notice to the employer of his or her intention to
take parental leave, not later than six weeks before the employee proposes to
commence the leave.
Confirmation of Parental Leave
Once the employee has notified her or his employer that she or he wants to
take parental leave, the employee and the employer must prepare a
‘confirmation document’. This document must be prepared no later than four
weeks before the leave is due to begin.
The document must include the following details:
• the date on which the leave will begin;
• the length of time that the employee will be on parental leave;
• the manner in which the leave will be taken;
• signatures of the manager and the employee.
Revocation of Notice
The employee may change her or his mind and decide not to take parental
leave at any time before the confirmation document is signed. The employee
must notify the employer in writing that she or he has decided not to take
parental leave.
Manner in which Parental Leave May be Taken
Parental leave may consist of the following:
One continuous period of 18 weeks, or
Two separate periods each consisting of not less than 6 weeks and not
exceeding 18 weeks in total. An employee is not entitled to take the
second of these two separate periods until at least 10 weeks have
elapsed since the end of the first period, unless the Department Head
consents; or
Subject to the approval of the employer, a number of periods, each of
which comprises:
(i) one or more days on which the employee would normally be
scheduled work, or
(ii) one or more hours during which the employee would normally
be scheduled to work, or
(iii) a combination of the above.
Page | 43
The total number of hours due to the employee for parental leave
purposes is calculated as follows:
Where an employee takes parental leave in separate blocks or by working
reduced hours, parental leave is such that the number of hours which, but for
the leave, the employee would be working equals:
the number of hours worked by the employee in a continuous period of 18
weeks before the commencement of leave (as may be determined by the
employer and the employee),
or
if the employee and employer fail to determine a 18 week period, 18 times
the average number of hours per week worked by the employee in each of
the periods of 18 weeks ending immediately before the beginning of each
week in which s/he takes any of the leave.
In determining a period of 18 weeks, holidays (including public holidays) to
which the employee is entitled or days on which s/he is absent from work on
sick leave, maternity leave, adoptive leave or force majeure leave are
excluded, and a corresponding number of days immediately before the
commencement of the period of parental leave is included. Time spent on
parental leave itself is deemed to be time worked.
Part-time employees are entitled to parental leave on a pro rata basis.
Salary Deductions
In the HSE salary deductions may be calculated as follows:
i) Establish net weekly working hours, i.e. working day less unpaid meal
breaks, e.g. 8.30 to 5 Monday to Thursday and 9 to 5 Friday with one hour
lunch break = 7.5 hours per day Monday to Thursday and 7 hours on Friday.
Net weekly working hours = 37 hours.
(ii) Reduce basic salary by number of working hours taken as parental
leave
(iii) The employee continues to receive payment in full for unsocial hours
actually worked in the pay period.
Illness of parent
If an employee becomes ill while on parental leave and is unable to care for
the child the leave can be suspended for the duration of the illness. In order to
suspend the parental leave the employee must give written notice and
relevant evidence of the illness to the employer as soon as is reasonably
practicable. The parental leave resumes after the illness. During the illness
the parent is treated as an employee who is sick.
Protection of Employment Rights
An employee on parental leave is entitled to be treated as if s/he had not been
absent, so that all his/her employment rights, except the right to remuneration
and superannuation benefits, will be unaffected during the leave.
Page | 44
Employees retain an entitlement to any public holidays which fall during a
period of parental leave. The Act provides that a corresponding number of
days in lieu of public holidays shall be added to the end of the period of leave.
Absence from work on parental leave must not be treated as part of any other
leave to which the employee is entitled (i.e. annual leave, sick leave, adoptive
leave, maternity leave and force majeure leave).
Periods of probation, training or apprenticeship may be suspended during the
period of parental leave.
Postponement of Parental Leave
Parental leave may be postponed where the granting of leave for the period
requested would create operational difficulties owing to the unavailability of a
person to carry out the employee’s duties, the nature of those duties or the
number of employees who are availing of leave during that period.
Postponement of parental leave is subject to the employee being permitted to
take the leave not later than 6 months after the date on which s/he had
proposed to take leave. The employer must consult with the employee before
postponing the leave. Parental leave in respect of a particular child may not
be postponed more than once.
Note
An employer cannot postpone parental leave once the confirmation document
has been signed by both parties.
The employee must receive written notification of the postponement at least 4
weeks before the date on which s/he had intended to commence leave. The
notice should also specify the reasons for the postponement and the new date
of commencement.
The provision requiring parental leave to be taken before the child exceeds
the age limit is waived in the event that postponed parental leave would
breach these restrictions.
Right to Request changes to working hours or patterns (or both)
As set out in HSE HR Circular 006/2013 an employee returning to work from
parental leave may request changes to his or her working hours (HR Form
111 Flexible Working) or work patterns (or both) for a set period of time. The
employer is obliged to consider and respond to such requests, taking into
account both the employer’s and employee’s needs. However, there is no
obligation on the employer to grant the change requested.
Employees should submit their request in writing as soon as reasonably
practicable, but not later than six weeks before the proposed commencement
of the set period of time concerned, specifying the nature of the changes
requested and the date of commencement and duration of the set period
requested.
Page | 45
Employees should be informed in writing if the request is being granted or
refused as soon as reasonably practicable, but not later than four weeks after
receiving the employee’s application.
If the employer agrees to amend the employee’s working hours and/or work
pattern, the new arrangements should be set out in writing and signed by both
parties. The agreement should specify:
The changes to the employee’s working hours or patterns, or both, as the
case may be, and
The date of the commencement and duration of the set period.
The employer should retain the agreement and give a copy to the employee.
Prior to the signing of an agreement, an employee may revoke his or her
request by giving notice in writing to the employer.
Page | 46
Force Majeure Leave
The Parental Leave Act also makes provision for “force majeure” leave, which
allows an employee to take immediate time off from work in the event of an
unforeseen injury or illness of a close family member where the presence of
the employee is indispensable.
Entitlement
The maximum force majeure leave that may be availed of is 3 working days in
12 consecutive months or 5 working days in 36 consecutive months.
Force majeure leave may be granted in respect of the following persons:
a person of whom the employee is the parent or adoptive parent;
the spouse of the employee or a person with whom the employee is
living as husband and wife;
a person to whom the employee is in loco parentis;
a brother or sister of the employee; and
a parent or grandparent of the employee
persons in a relationship of domestic dependency including same-sex
partners.
There is no minimum service requirement for entitlement to force majeure
leave.
Force majeure leave may consist of one or more working days subject to the
maximum set out above. Where an employee is absent from work for only
part of the day, this should still be counted as one day of force majeure leave.
A force majeure leave day is normally based on the length of the day that the
employee is rostered to work on the day, e.g. if a person is rostered to work 9
hours on the day that they had to take force majeure leave this would be
considered one day’s force majeure leave. The same would also apply if the
person was rostered to work for four hours on the day.
Protection of Employment Rights
An employee on force majeure leave is entitled to be treated as if s/he had not
been absent so that all his/her employment rights will be unaffected during the
leave. The employee receives the pay which would have applied on that day.
Absence from work on force majeure leave must not be treated as part of any
other leave to which the employee is entitled (i.e. sick leave, annual leave,
adoptive leave, maternity leave and parental leave).
Page | 47
Carer’s Leave
The Carer’s Leave Act 2001 entitles employees to avail of temporary unpaid
leave from their employment to enable them to personally provide full-time
care and attention for a person who is need of such care, (“the relevant
person”). The period of leave to which an employee is entitled is subject to a
maximum of 104 weeks in respect of any one care recipient. An employee
may work up to a maximum of 15 hours per week during carer’s leave or may
attend an educational or training course or take up voluntary or community
work for up to 15 hours per week.
”Relevant Person”
The relevant person is a person who is deemed to be in need of “full-time care
and attention” by the Department of Social Protection. This means that the
person being cared for must be so disabled as to require:
Continuous supervision and frequent assistance throughout the day in
connection with his / her normal personal needs, e.g. help to walk and
get about, eat, drink, wash, bathe, dress etc.
Continuous supervision in order to avoid danger to him / herself.
The employee is required to apply to the Department of Social Protection
which will determine whether s/he is eligible for carer’s leave.
Entitlement to Carer’s Leave
An employee must fulfil the following criteria before they are eligible to apply
for Carer’s Leave:
He / she must have completed at least 12 months continuous service
with his / her current employer before the commencement of the leave.
There is no weekly working hours threshold.
The employee must intend to take the leave for the purpose of
personally providing full-time care and attention for a person who is in
need of such care for the duration of the leave.
The person receiving full time care and attention must be objectively
assessed and deemed to be in need of full time care by a deciding
officer from the Department of Social Protection.
Only one employee may be on carer’s leave in respect of any one
relevant person, at any one time.
An employee will generally not be permitted to be on Carer’s Leave in
respect of more than one relevant person at any one time. However,
on one occasion only, an employee may commence leave in respect of
a relevant person, while already on leave in respect of another relevant
person, where the two relevant persons reside together.
Page | 48
Notification Requirements
An employee is required to give at least 6 weeks notice in writing of his / her
intention to avail of Carer’s Leave, except in emergency circumstances where
it is not reasonably practicable to do so.
A statement of notice must contain the following information:
The date on which the employee intends to commence the leave
The duration of the leave
The manner in which the employee proposes to take the leave
A copy of the decision of the deciding officer (or appeals officer) from
the Department of Social Protection, confirming that the relevant
person has been medically certified as being in need of full time care.
The employee’s signature and date.
HSE employees must complete and submit HR Form 108(c) to their
Department Head which contains the Application Form for Carers Leave.
Manner in which Carer’s Leave may be Taken
The Act provides that the leave should be taken in one of the following ways:
One continuous period of 104 weeks; or
One or more periods, the total duration of which amounts to not more
than 104 weeks.
Where the employee wishes to take Carer’s Leave over a number of broken
periods the following conditions apply:
The minimum statutory entitlement that may be taken in one period at
the discretion of the employer is 13 weeks.
An employer may refuse, on reasonable grounds given to an employee
in writing, to permit an employee to take carer’s leave for any period of
less than 13 weeks.
There must be a gap of at least 6 weeks between periods of carer’s
leave taken in respect of the same relevant person.
An employer and employee may agree arrangements for carer’s leave
on terms more favourable to the employee.
The Act requires an employee to notify his / her employer of any
change of circumstances that affect his / her entitlement to Carer’s
Leave.
Taking Carer’s Leave for Another Relevant Person
An employee who wishes to avail of carer’s leave for another relevant person
must generally wait for a period of 6 months after the date of termination of
the leave in respect of the previous relevant person.
Confirmation of Carer’s Leave
A “confirmation document”, (which outlines the date on which the leave period
will commence and the duration of the leave period) must be prepared and
Page | 49
signed by the employer and employee not less than 2 weeks before the leave
is due to commence (HR Form 108c Carers Leave).
Revocation of Notice
An employee who wishes to revoke the notice of his / her intention to take
Carer’s Leave must do so in writing prior to the date of the confirmation
document.
Alterations to the Confirmation Document
An employer and an employee may agree, after the date of the confirmation
document, to postpone or curtail the leave, or vary the form in which it will be
taken. Where this occurs the confirmation document should be amended to
reflect the changes.
Protection of Employment Rights
During an absence on carer’s leave, an employee is regarded as still working
for all purposes relating to his / her employment, and all of his / her
employment rights will be unaffected during the leave, with the following
exceptions:
There is no right to remuneration and superannuation benefits.
He / she will accrue annual leave and public holiday entitlements for
the first 13 weeks of the leave only.
A period of probation or an apprenticeship may be suspended during
carer’s leave.
Periods of carer’s leave cannot be treated as any other type of leave,
e.g. sick leave, annual leave, adoptive leave, maternity leave, parental
leave or force majeure leave.
Employers are precluded from penalising an employee for exercising his / her
rights under the Act, which includes dismissal of the employee, unfair
treatment of the employee (including selection for redundancy), and an
unfavourable change in the conditions of employment of the employee.
Termination of Carer’s Leave
The Act provides that a period of Carer’s Leave shall terminate as follows:
On the date specified in the confirmation document.
On a date agreed between the employer and the employee.
Where the person being cared for ceases to require full-time care and
attention, e.g. where their condition improves sufficiently as to no
longer render them to be in need of full time care and attention.
Where an employee no longer satisfies the requirements for the
provision of full time care and attention for the purposes of the Act.
Where a deciding officer from the Department of Social Protection
makes a decision against an employee.
Where the relevant person dies during a period of Carer’s Leave, the
employee will return to work either six weeks after the death or on the
date specified on the confirmation document (whichever is earlier).
Page | 50
Return to Work
An employee who is on Carer’s Leave must notify his / her employer of his /
her intention to return to work not less than four weeks before the date on
which that employee is due to return to work.
An employee is entitled to return to work at the end of the Carer’s Leave to
the job that he / she had held immediately prior to the leave, under the same
terms and conditions of employment. If it is not reasonably practicable for an
employer to allow an employee to return to the job held immediately prior to
the leave, the employer must offer the employee suitable alternative
employment under a new contract of employment, the terms of which cannot
be substantially less favourable to the employee.
Disputes
An employee may refer a dispute in relation to an entitlement under the
Carer’s Leave Act 2001, or any matter arising out of such an entitlement, to
an Adjudication Officer of the Workplace Relations Commission. A claim
must be made in writing within 6 months of the occurrence of the dispute.
Carer’s Benefit
An employee may be entitled to receive carer’s benefit during carer’s leave.
Further details may be obtained by the employee from the Department of
Social Protection.
Page | 51
Special Leave with Pay on Marriage
All employees may be allowed up to a maximum of five days’ special leave
with pay when they marry, provided the amount of special leave granted for
this purpose together with the annual leave allowance in respect of the leave
year in which the marriage takes place does not exceed a total of 24 days or
hourly equivalent, (or where appropriate a pro-rata entitlement) excluding any
annual leave carried over from the previous year.
The terms of the scheme for granting marriage leave have now been
extended to include health service employees on the occasion of civil
partnership registration i.e. at the time of the civil partnership a maximum of 5
days paid leave may be granted subject to an overall total, between annual
leave and civil partnership registration of 24 days. See HR Circular 007/2011
c.f. Department of Health Circular No. S116/48
& Department of Health and Children Circular dated 11 July 1997
HSE HR Circular 007/2011
Page | 52
Compassionate Leave
Compassionate Leave may be granted to an employee in the event of the
death of a relative up to a limit of:
a) Five working days in the case of a spouse (including a cohabiting
partner), child (including adopted children and children being cared for
on the basis of ‘in loco parentis’) or any person in a relationship of
domestic dependency, including same sex partners;
b) Three working days in the case of other immediate relatives as follows:
father, mother, brother, sister, father-in-law, mother-in-law.
In exceptional circumstances (e.g. where the employee concerned has lived
in the same house as the deceased or has to take charge of funeral
arrangements) an employee may be granted up to three working days’ special
leave on the death of a more distant relative.
In a case where an employee has to travel abroad to make funeral
arrangements in respect of a relative specified in paragraph 1, special leave
with pay in excess of the limits prescribed above may be granted at the
discretion of the employer.
Compassionate leave is granted only at the time of the bereavement to
facilitate the employee with time off from work and is not granted
retrospectively where it occurs during days when an employee is not normally
scheduled to work.
For further information see HSE HR Circular 016/2012.
Note that where collective agreements are in place prior to HSE HR circular
016/2012 such local arrangements continue to apply.
Page | 53
Jury Service
The Juries Act, 1976 provides that every citizen aged between 18 and 70
years who is entered in the Dail Electoral Register may be called for jury
service, with the following exceptions:
Certain professional categories are excused as of right, including:
Nurses;
Dentists;
Pharmacists; and
Medical Practitioners
An employee who has served (or attended to serve) on a jury in the previous
three years may be excused by the county registrar. A judge may also
excuse a juror from service for a period of time.
Employers have a duty to allow employees to attend for jury service.
However, if it is not possible due to service requirements to allow the
employee to attend, s/he may be granted a certificate from the appropriate
manager, stating that it would be contrary to the public interest for him/her to
serve as a juror because s/he performs essential and urgent services of public
importance that cannot reasonably be performed by another or postponed.
An employee is treated as employed during any period s/he is complying with
a jury summons. An employee is therefore entitled to full pay inclusive of fixed
allowances/unsocial hours premium payments and continues to accrue
entitlements to annual leave, incremental credit etc while on jury service.
Page | 54
Career Breaks
Department of Health Circular S146/99 (16/3/84, 27/11/84, 26/8/87, 30/3/89,
7/11/90) and HSE HR Circular 010/2013 set out the provisions of the career
break scheme in the health service.
An employee can be granted a career break for any of the following reasons:
domestic reasons, e.g. child-rearing;
educational purposes, e.g. to attain a post-graduate qualification;
foreign travel.
All employees who have completed their probation period are eligible to apply
for a career break. Employees who are still on probation may be granted a
career break in exceptional circumstances, e.g. to cope with unusual domestic
difficulties. The employee’s probation in this circumstance is extended by the
length of the career break.
An employee’s application may be refused where it is considered that the
granting of a career break would have a detrimental effect on the service.
Replacement cover if required is subject to current approval procedures.
General Conditions
The minimum period for a career break is one year (except where leave is
required to cope with unusual domestic difficulties) and the maximum period
is five years. An employee may take a career break immediately following a
period of special leave with nominal pay provided the combined leave does
not exceed five years.
HSE HR Circular 010/2013 revised the limits which apply to career breaks.
An employee may be granted a maximum period of 3 career breaks which,
when aggregated, do not exceed 8 years. On the date of the commencement
of the second or third career breaks the employee must have served since
their return from the earlier career break for a period equal to the duration of
that career break. In exceptional circumstances this period of service
requirement between career breaks may be waived).
Granting a Career Break
Employees may apply for a career break by completing and submitting the
Career Break Application Form HR 105 to their Department Head. Applicants
will be advised of the decision to approve/defer or refuse their application in
writing.
Notice to Return to Work
An employee is obliged to give at least three months’ notice of his/her
intention to return to work. An employee’s right to return to work upon expiry
of the career break is conditional on their compliance with this notification
requirement.
Page | 55
Employees returning from career break are guaranteed re-employment in
their substantive grade within 12 months of the expiry of the career break.
Every reasonable effort should be made to find a suitable vacancy in the
employee’s substantive grade and to minimise the delay in facilitating the
employee’s return to work. If upon expiry of the career break a vacancy does
not exist in the substantive grade, the employee may be offered a post at a
lower grade as an interim arrangement. During this period the employee will
receive the salary applicable to that post.
Career breaks for NCHDS
The following arrangements apply to NCHDs with more than two years
service. NCHDs who meet this service requirement may apply for a career
break to facilitate further training abroad prior to return to employment as a
Specialist in the Irish public healthcare system. The NCHD must meet the
following conditions:
Have commenced employment in the Public Service prior to 1 January
2013;
Have been continuously employed in the Public Service since that date
and have a minimum of two years service; and
wish to go abroad to take up training posts or to take up positions to
provide them with the necessary skill sets to enable them to compete for
Consultant posts;
NCHDs wishing to avail of a career break under this arrangement must apply
to their employer in sufficient time before the expiry of their current contract.
Further details setting out the arrangements to apply are set out in HSE HR
Circular 010/2014.
NCHDs may also for apply for a career break if they have to rotate into private
hospitals / agencies for a period of 26 weeks or more as part of a recognised
training scheme. The NCHD must meet the following conditions:
Have commenced employment in the Public Service prior to 1 January
2013;
Have been continuously employed in the Public Service since that date;
the career break is for training purposes only and not to take up other
private sector employment; and
must return to a post in the HSE or HSE-funded agency when the training
period has expired.
Further information is set out in HSE HR Circular 011/2014.
Page | 56
Study Leave
Paid study leave may be granted to employees in respect of third level
courses and examinations, subject to the standard arrangements governing
the grant of leave generally and provided the costs can be accommodated by
the employee’s line manager within their approved financial allocation.
The grant of study leave may be considered for Bachelor, Master, Diploma
and other third level courses in subjects relevant to the employee’s area of
work, as agreed with and approved by the line manager.
Employees pursuing primary degree courses in their own time may be
allowed up to ten days study leave with pay, over the full duration of the
course. Employees should be given as much freedom as possible as regards
spreading the leave over the various course examinations, subject to the
condition that a maximum limit of five days study leave with pay will apply
to any academic year.
This arrangement will also apply to other third level courses of education that
last for three years or longer. For shorter third level courses, three days
study leave with pay may be allowed for each year of the course, repeat
years being excluded.
Staff working less than full time will have study leave calculated on a pro-rata
basis, subject to a minimum entitlement of one day’s study leave per
individual per course.
Attendance at the course must be agreed locally between the line manager
and the employee prior to commencement on the course and will be subject
to ongoing service requirements.
Study Leave NCHDs
NCHDs may be granted up to a maximum of 18 working days educational
leave per 6-month period to facilitate:
(1) Attendance at courses, conferences, and educational events
determined to be appropriate by the HSE, the recognised postgraduate
training bodies and the Universities;
(2) Study leave prior to an examination or repeat examination for higher
degrees or diplomas determined to be appropriate by the HSE, the
recognised postgraduate training bodies and the Universities;
(3) Attendance at examinations determined to be appropriate by the HSE,
the recognised postgraduate training bodies and the Universities;
(4) Attendance at interviews within the Irish public health service
appropriate to the NCHD’s training / career pathway;
All educational leave must:
(1) be relevant,
Page | 57
(2) take account of service and rota needs,
(3) be recommended by the supervising Consultant / Clinical Director and
(4) be approved by the Employer in advance in line with the Employer’s
leave policy and with cognisance of the requirements of any specialist training
/ professional competence scheme the NCHD is participating in and related
medical education and training requirements.
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Special Leave with Nominal Pay
Employees with professional qualifications are entitled to apply for special
leave to work with a recognised agency in any of the following:
a recognised underdeveloped country;
a disaster/emergency region; and
a developing country where the public health service is
underdeveloped.
Approval may be granted to absences of one-year duration. Leave may be
extended for a maximum period of three years under this scheme. Short-term
absences may be considered in the case of disaster relief. No approvals
should be made without the express prior approval of the relevant senior HR
manager.
On completion of service abroad, individuals will be entitled to return to an
equivalent post with the employing authority.
Superannuation
During special leave, employees are paid a nominal amount per week to
protect their superannuation rights.
Contributions are based on pensionable remuneration immediately prior to the
commencement of special leave and are adjusted in line with general pay
increases.
Incremental Credit
Incremental credit will be allowed where the duties of the foreign assignment
are, broadly similar in nature to the usual duties in this country. One
increment will be allowed in respect of each year covered by the period of
special leave, subject to a maximum of three increments.
Application for this leave should be made on HR form 110.
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Leave for Deployment with the Rapid Response Corps
(RCC)
Employees who are members of Irish Aid’s Rapid Response Corps may be
granted special leave with pay for deployment to humanitarian emergencies.
The Rapid Response Corps is a roster of skilled and experienced volunteers
who have been selected and trained by Irish Aid directorate of the Department
of Foreign Affairs, and who are available at short notice for deployment to
humanitarian emergencies.
Health service employees who wish to join the Rapid Response Corps must
first seek approval from their employer to be available at short notice and for
periods of up to 3 months for, to support Irish Aid’s emergency relief
operations.
Employees must seek approval from their employer to be released from their
work before they can be deployed. If approval is granted employees may be
released for a maximum of 3 months on full basic pay plus normal fixed
allowances. This does not include additional amounts due to night-work,
overtime, shift-work, working unsociable hours, standby or on call allowances.
These payments will be fully reimbursed to the HSE from the Rapid Response
Initiative budget, Department of Foreign Affairs, as an element of overseas
development aid.
c.f. HSE HR Circular No. 17/2008
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Reserve Defence Forces
Employees who wish to attend training courses with the Reserve Defence
Forces should be facilitated as far as possible consistent with the exigencies
of the service in the following manner:
Attending annual or basic training:
For a course of annual training lasting 7 days – 3 working days
For a course of annual training lasting 14 days – 7 working days
For a course of annual training lasting 21 days – 10 working days
For a course of basic training lasting 14 to 30 days – special leave with pay
for 5 working days
Attending special training (in addition to the above):
For a course of special training lasting 7 days – 3 working days
For a course of special training lasting 14 days – 6 working days
For a course of special training lasting 21 days – 9 working days
Special leave with pay in addition to the above may also be granted in respect
of any time necessarily spent in travelling to and from a course of training.
If further leave is required to complete the training the employee may avail of
special leave without pay or annual leave.
Staff are eligible for the paid leave granted under this circular only once in any
leave year. c.f. Department of Health & Children Circular No. S146/44
Reserve Defence Forces
Training Reserve Defence Forces –
with pay
Paid
Training Reserve Defence Forces –
unpaid
Unpaid
Special Leave with Pay to Volunteer in Exceptional
Humanitarian Crisis
HSE employees may be granted special leave with pay in response to a
designated exceptional humanitarian crisis.
The terms of this new scheme are as follows:
Page | 61
The Director General of the HSE will declare when the HSE response to
exceptional humanitarian crisis applies.
An Emergency Management Team (EMT) will be convened that will
oversee arrangements including the selection of suitable organisations
(e.g. World Health Organisation or other specified NGO), deciding on the
skills and expertise and the number of staff required and the selection of
staff for deployment.
Employees who wish to avail of the scheme must be approved for release
by their line manager and the relevant Assistant National Director of
Human Resources/Head of Human Resources and selected by the EMT.
Employees who are selected to participate in the scheme may be released
for a maximum period of 3 months with pay (basic pay plus fixed
allowances). All other employment terms and conditions will continue to
apply during the approved deployment period (i.e. annual leave,
incremental credit etc).
Training and support during deployment will be provided by the selected
organisation.
For further information see HSE HR circular 020/2015.
Leave for Trade Union Representatives
Time off During Work
Employee representatives of recognised staff associations and unions may be
granted time off with basic pay to undertake routine duties arising from their
position.
Time off to attend union duties is at the discretion of the relevant line manager
and is contingent upon service needs being met. Requests for such leave will
not be unreasonably withheld. The Labour Relations Commission’s Code of
Practice should be used for guidance.
Special Leave with Pay
Special leave with pay may be granted to non full-time representatives to
attend conferences/meetings who are duly authorised to attend such
meetings.
The following time limits apply:
Association / Union Meetings
Page | 62
Annual delegate conferences 2 days per annum
Special delegate conferences 1 day per annum
13
Executive meetings 20 days per annum
Conference of the Irish Congress of Trade Unions
Annual conferences and special delegate conferences No Limit
The grant of time off during work and special leave as outlined above should
be extended to time necessarily spent travelling to and from the meeting in
question. The granting of such leave is also subject to the representative’s
Department / Office’s ability to release the representative, having regard, to
the exigencies of official work.
In relation to special leave with pay, a representative will have to submit a
written application for the leave to the appropriate manager, giving details of
the purpose for which the leave is sought and other relevant information at
least two weeks (except in exceptional circumstances) before the date on
which the leave is due to commence.
c.f. Department of Health & Children Circular No. S146/11
13
This excludes Branch Executive / Committee Meetings, and it also excludes meetings of sub-committees etc of
the National Executive.
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Leave for Elected Representatives of Local Authorities
Employees who are members of local authorities may be granted up to a
maximum of 12 days special leave per annum without pay to attend ordinary
meetings of the authority where the meetings are held during working hours.
In addition, employees who are members of local authorities may be granted
up to a maximum of five days special leave per annum without pay to attend
further local authority activities, other than ordinary meetings of the authority,
that take place during working hours.
Applications for leave of this type must be made in the normal manner to the
immediate line manager for approval. Each application will be considered on
its merits and in accordance with the exigencies of the service.
Leave may only be granted subject to no additional cost to the HSE being
incurred as a result. Cover within the HSE for the absence of the employee
while on leave may be arranged in accordance with the HSE’s Employment
Control Framework and any other relevant policies, procedures, directives or
regulations in force during the period.
For further details please refer to the Policy and Procedure regarding Leave
for Elected Representatives of Local Authorities (2011).
Page | 64
Other Types of Leave
Candidate for Interview
An employee is granted a maximum of six days pay in any one year, to
enable him/her to appear before selection boards for posts advertised by
Public Appointments Service, a government department, the Health Service
Executive and other public health service bodies, or a local authority.
c.f. Department of Health Circular No. 10/71
Candidate for Interview
Candidate for Interview
Paid
Maximum of 6
days per year
Ministerial Appointment
When appointed by a Minister to be a member of any commission, committee
or statutory board or a director of a company, an employee will be granted
special leave with pay to enable him / her to attend meetings of the body in
question.
c.f. Department of Health Circular No. 10/71
Ministerial Appointment
Commission / Committee / Director
Paid
Selection Board
When invited by the Public Appointments Commission, a government
department, the Health Service Executive or a local authority, to act on a
selection board, an employee will be granted special leave with pay to enable
him to service on the board.
c.f. Department of Health Circular No. 10/71
Selection Board
Panel of Assessors
Paid
Page | 65
Shorter Working Year Scheme
The purpose of the Shorter Working Year Scheme is to permit public health
sector employees to balance their working arrangements with outside
commitments, including the school holiday periods of their children.
Under the terms of the scheme special leave is available as a period of 2, 4,
6, 8, 10 or 13 consecutive weeks. The leave may be taken as one continuous
period, or as a maximum of 3 separate periods, each consisting of not less
than 2 weeks and not exceeding 13 weeks in total. While the period of leave
is unpaid special leave, those participating in the scheme may apply for
special administrative arrangements for the payment of part of the basic
salary during the period of special leave.
For further information see HSE HR Circular 023/2015.
Page | 66
Section 2 – Pay Arrangements for
Unsocial Hours Attendance
This section deals with the unsocial hours attendance
arrangements and payments for such which generally apply in the
public health service. The following are included:
Overtime
On call/stand by
Planned Essential Services
Sleepover
Saturday work
Sunday work
Public holiday
Night duty
Shift work
Twilight Payment
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Overtime
General Principle governing overtime arrangements
Employees may be paid overtime rates for hours worked in excess of the
whole time hours for the category / grade. Overtime is calculated on basic
pay only.
Overtime for Part-time Employees
Part-time employees who work additional hours, i.e. hours over and above
their contracted hours on a pre-arranged basis, will be paid at their normal
rates until the standard weekly working hours for the grade have been
worked.
Part-time employees are entitled to earn overtime payments once they have
worked over and above the standard weekly working hours of the whole time
equivalent in the given week.
In certain circumstances such as where an employee works beyond the span
of his / her shift in emergency or in unforeseen circumstances (i.e. it is not
pre-arranged) he/she may earn overtime payments, even if the employee has
not worked the hours of the whole time equivalent in their grade.
Overtime Rates
Overtime rates may vary depending on the category or grade of employee
involved.
Nursing
1. Employees with salaries up to €35,000 (inclusive of allowances in nature of pay)-
overtime will be paid at time and one half at the first point of the appropriate scale.
Note that this formula will not apply to any scale where this provision would result in
overtime being paid at less than time at any point on the scale. In the case of such
scales, the formula set out in number 2 below will apply.
2. Employees with salaries greater than €35,000 (inclusive of allowances in nature of
pay) overtime will be paid at time and one quarter at the individual’s scale point.
The divisor for the purposes of calculating overtime is 39hrs.
Overtime will not be payable until 39 hrs are worked and exceeded.
Double time is payable when overtime is worked on a Sunday or Public holiday and
Saturday as currently applicable i.e. first four hours on Saturday payable at 1) or 2
above as appropriate.
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Support Staff
1.Employees with salaries up to €35,000 (inclusive of allowances in nature of pay)-
overtime will be paid at time and one half at the first point of the appropriate scale.
Note that this formula will not apply to any scale where this provision would result in
overtime being paid at less than time at any point on the scale. In the case of such
scales, the formula set out in number 2 below will apply.
2. Employees with salaries greater than €35,000 (inclusive of allowances in nature of
pay)-overtime will be paid at time and one quarter at the individual’s scale point.
The divisor for purposes of calculating overtime is 39hrs.
The first four hours of additional hours worked from normal start time on Saturday will
be calculated as at 1) or 2) above, as appropriate. Further additional hours worked
on a Saturday are at double time. The overtime rate for Sundays and Public Holidays
is double time.
Double time payment when currently applied in relation to additional hours worked
between midnight and the start of the normal day, will remain unchanged (as long as
they were in receipt of this payment prior to the Haddington Road Agreement.
Non-Consultant Hospital Doctors)
Overtime which refers to work “on call on site” as required by the employer is
paid when the doctor has worked in excess of 39 hours per week on average,
over the averaging period of 4 weeks. This means that overtime is paid for
those hours worked in excess of 156 hours over a 4 week period. If an NCHD
is not rostered for a public holiday and opts not to use a day’s annual leave
but instead opts for an unpaid day’s leave, core pay for that week must not be
deducted but overtime will not apply until after 39 hours have been worked in
that week.
1. For employees with salaries up to €35,000 (inclusive of allowances in
nature of pay)- all overtime will be paid at time and one half at the first point of
the appropriate scale.
2. For employees with salaries greater than €35,000 (inclusive of allowances
in nature of pay) all overtime will be paid at time and one quarter at the
individual’s scale point.
The divisor for the purposes of calculating overtime is 39hrs.
All overtime hours worked on a Sunday or Public Holiday are paid the rate of
single time extra.
Unrostered overtime approved by the relevant Consultant / Clinical Director
will be paid to the NCHD. The employer may query such unrostered overtime
Page | 69
or approval of same. Should a query be made, the NCHD will be notified of
same. Payment will be made subsequent to any queries regarding such
unrostered overtime being resolved
Clerical/Administrative Grades & EHO’s
1. Employees with salaries up to €35,000 (inclusive of allowances in nature of pay)-
overtime will be paid at time and one half at the first point of the appropriate scale
except in the case of bullet points below). Note that this formula will not apply to any
scale where this provision would result in overtime being paid at less than time at any
point on the scale. In the case of such scales, the formula set out in number 2 below
will apply.
2. Employees with salaries greater than €35,000 (inclusive of allowances in nature of
pay)-overtime will be paid at time and one quarter at the employee’s scale point.
Divisor for the purposes of calculating overtime is 37 hrs.
Existing caps on overtime rates apply as follows:
In the case of employees whose salary equals or exceeds the second long
service increment of the Grade V scale, the hourly rate should be calculated
by reference to the second long service increment of the Grade V scale;
The hourly rate for Grades VI,VII and analogues grades should be calculated
by reference to whichever is the lesser of individual’s salary or the second
long service increment of the Grade V salary scale.
Double time is only payable after the first four hours worked on a Saturday or all day
Sunday.
Overtime will not be payable until 37 hours are worked and exceeded.
Craftworkers and Craftsmen’s Mates
1.Employees with salaries up to €35,000 (inclusive of allowances in nature of
pay)-overtime will be paid at time and one half at the first point of the
appropriate scale.
2. Employees with salaries greater than €35,000 (inclusive of allowances in
nature of pay)- overtime will be paid at time and one quarter at the individual’s
scale point.
The first four hours of additional hours worked from normal start time on
Saturday will be calculated as at 1) or 2) above, as appropriate. Further
additional hours worked on a Saturday are at double time. The overtime rate
for Sundays and Public Holidays is double time.
Page | 70
Ambulance Personnel
The general overtime payment arrangements as set out in national
agreements apply to ambulance personnel. Some exceptions however
continue to apply (as set out in Haddington Road and Lansdowne Road
Agreements) to Paramedics and Emergency Control dispatchers (formerly
called Emergency Medical Technicians and Emergency Medical Controllers) .
These provide that:
Those required to work on a rostered day off will receive double time
for all hours worked
Staff employed prior to February 2012 who are in receipt of a Cardiac
Allowance shall have the Cardiac Allowance included in the calculation
of the hourly overtime rate. The inclusion of this allowance does not
apply to new entrants/recipients from February 2012.
Where appropriate the hourly rate may include the ambulance specific
shift allowance,
Time off in Lieu
Where time off in lieu is granted it applies at standard time, i.e. hour for hour.
Page | 71
On-Call / Standby Allowance and Call-Out Payments
On-call / Stand-by is defined as a period when an employee is scheduled for a
designated period to be available for emergency work. An employee on
stand-by makes a specific commitment to be available immediately to return
to work if requested.
On-Call Stand-By Payment
A fixed payment is made for the designated period(s) for which the employees
make themselves available, e.g. a weekly standby payment.
Call-out arises when employees return to work after their normal working
hours.
NCHDs
Description
On-call Payment
Off Site
On-Call
Payment On
Site
Call-out Payment
Without Standby
NCHDs provide
on-call on a
rostered basis
both off site (at
home) and on
site (in the
hospital).
On call off site is
defined as a
period when the
NCHD is
scheduled for a
designated
period to be off
site but available
for emergency
work.
For each period Monday to
Saturday half on-call off-
site hours up to a
maximum of 10 hours are
paid at Time +¼, and the
balance is paid at ½Time.
NCHDs who are
rostered on call off site
on Sunday are paid at
the rate of ¾ time for
the first 8 hours worked
between midnight on
Saturday and midnight
on Sunday, and at the
rate of ½ time
thereafter.
Paid at the
appropriate
overtime rate
(T1/2 for
Interns and
T1/4 for all
other NCHD
Grades, Single
time extra for
Sundays and
Public Holidays
if additional
hours exceed
39 hours per
week on
average in
rostered period.
N/A
Page | 72
Theatre Nurse
Description
On-call Payment
Off Site
On-Call Payment
On Site
Call-out Payment
Without Standby
After hours service
provided as
follows:
Monday to Friday
Saturday Standby
Sunday and Public
Holiday Standby
Standby fee – fixed
standby fee from
Monday to Friday.
Enhanced standby fee
for Saturday, Sunday
and Public Holidays, c/f
Consolidated Salary
Scales
On-call over weekend
– where no roster duty
available appropriate
rate is divided by 12
then multiplied by the
number of hours
available (in this
scenario time will not
be given back in lieu).
Fee per operation
per two hour
17.00 – 22.00 -
rate payable
dependant on
length of
operation.
Enhanced fee for
operations after
22.00.
c/f Consolidated
Salary Scales
Enhanced fee per
operation, c/f
Consolidated
Salary Scales
Physiotherapists
Description
*On-call Standby
Payment
Call-out Payment
With Standby
Call-out Payment
Without Standby
-After hours service
provided as follows:
- Monday to
Friday
- Saturday
Standby
- -Sunday and
Public Holidays
Standby fee –
fixed standby fee
from Monday to
Friday.
Enhanced
standby fee for
Saturday,
Sundays and
Public Holidays,
c/f Consolidated
salary scales
Fee per call (paid
per half hour), c/f
Consolidated
salary scales
Enhanced fee
per call (paid per
hour), c/f
Consolidated
salary scales
*A ceiling applies to the total amount on-call that a hospital should pay per week.
Page | 73
Radiographers
HSE HR Circular 006/2012 refers
Description
On-call Standby
Payment (On call
off-site)
Call-out Payment
With Standby
Call-out Payment
Without Standby
After hours service
where required is
provided as follows:
- 8pm to 8am
Monday to Friday
- Saturday
- -Sunday and
Public Holidays
Standby fee –
fixed payment
which varies
according to time
period. Standby is
provided, c/f
Consolidated
salary scales.
The standby
payments apply
per 12 hour
period with pro
rata to apply
thereafter.
Paid at
appropriate out of
hours hourly rate.
First call out
which lasts less
then one hour in
duration will
attract a minimum
of one hours pay.
Call thereafter are
paid per hour or
part thereof.
N/A
Note: As provided for in LCR20232, an overtime rate of time and ½ is applied to
radiographers in circumstances where all other possible staffing options had been
explored in the first instance without success, solely in the context of filling gaps
arising from the introduction of the extended day and only between the hours of 8am
to 9am and 5pm to 8pm. It is emphasized that this is very much as a last possible
option and only in the above circumstances. Such arrangements must be cognizant of
and consistent with general HSE policy on such matters (CERS memo 27/9/2012).
Medical Laboratory Scientists
HSE HR Circular 001/2011 refers
Description
On-call Standby
Payment
Call-out
Payment
With Standby
Call-out
Payment
Without
Standby
After hours service
provided as follows:
-8pm to 8am Monday
to Friday
- Saturday 12 am until
Sunday 12am and
Public Holidays
Standby fee – fixed
payment which varies
according to time
period. Standby is
provided, c/f
Consolidated salary
scales. The standby
payments apply per
12 hour period with
pro rata to apply
thereafter.
Paid at
appropriate out of
hours rate based
on time worked
on a pro rata
basis. First callout
will attract one
hour’s pay if less
than one hour. |
n/a
Page | 74
Ambulance
Description
On-call Standby
Payment
Call-out
Payment
With Standby
Call-out
Payment
Without
Standby
After hours service
Standby fee (1/6 of
flat rate for each hour
on-call).
Paid at
appropriate
overtime rate per
hour worked.
N/A
Planned Essential Services
Public Health Nurse
Description
Payment
Essential weekend / Public Holiday Service
First call on Saturday and first call on Sunday
Each subsequent call on Saturday and Sunday
Payment in lieu of time off for emergency work
Fee per case
Fixed payment
Fixed payment
Fixed payment
Sleepover
Definition of Sleepover / Sleep in
‘Sleepover’ / ‘Sleep in’ applies where the provision of care occurs in a
residential setting on a 24 hour, 7 day per week basis. Employees are
required to sleepover / sleep in at their work location. Sleepover / sleep in
refers to a continuous period of 8 hours or more between the hours of 11pm
and 8am.
Payment System
A fixed monetary amount as set out in the Department of Health consolidated
salary scales is payable to employees specifically requested to provide a
sleep over / sleep in service.
For further information see HSE HR Circular 27/2014.
Page | 75
Unsocial Hours Premium Payments
As the health service operates seven days a week on a twenty-four hour
basis, many categories of employees are required to work hours outside of
the standard working hours, i.e. 8.00am - 8.00pm Monday to Friday
14
These
hours are worked as part of the contracted weekly working hours (e.g. 39
hours for nursing employees) and are described as “unsocial hours” and
attract premium rates of pay. Set out below are the periods of time which
usually attract premium payments:
Saturday work
Sunday work
Public Holidays
Night Duty
Shift Work
Twilight payment
In determining the appropriate premium payment, the rule normally applied in
the health service is that the starting time of the roster determines the
premium payment applicable to the hours worked
Premium pay calculations are based on basic pay rates only. They do not
apply to hours worked on an overtime basis.
Saturday Work
Saturday work is normally defined as any roster commencing between
midnight on Friday and midnight on Saturday. An employee who works a 5
over 7 roster and is scheduled to work on Saturday is entitled to a Saturday
allowance. This is a fixed amount and is payable irrespective of the number
of hours worked.
Home helps who work less than 4 hours on a Saturday receive 50% of the
support employees’ Saturday allowance and those who work more than 4
hours receive the full allowance.
Sunday Work
Sunday work is normally defined as any roster which commences between
midnight on Saturday and midnight on Sunday. An employee who works a 5
over 7 roster and is scheduled to work on Sunday is entitled to single time
extra for each hour worked.
14
As agreed under the Framework for Implementation of Clause 30.4 of T2016 (see HSE HR Circular 003/2009)
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Public Holiday
Public holiday work is normally defined as any roster which commences
between midnight on the eve of the public holiday and midnight on the public
holiday.
An employee who works a ‘5 over 7’ roster and is scheduled to work on a
public holiday is entitled to single time extra for each hour worked.
Where the public holiday falls on a Saturday, the Saturday allowance is not
payable as public holiday premium payments apply.
For NCHDs public holiday work is any hours worked between midnight on the
eve of the public holiday and midnight on the public holiday.
Night Duty (HSE HR circular 003/2012)
Night duty, which is normally defined as hours worked between 8.00 p.m. and
8.00am, attracts a premium payment of time plus ¼. This premium is only
payable to employees rostered for duty through the night, i.e. those who
worked at least 3 hours between midnight and 7.00 a.m. It does not include
twilight shifts that extend into night duty hours (e.g. a roster from 4pm –
midnight would not attract night duty premium).
In the event of an employee working on a Sunday or Public Holiday, the night
duty premium is paid on the basis of the basic salary of the employee and not
on the basic plus unsocial hours allowance for that day.
The payment of night duty premium for NCHDs is set out in HSE HR Circular
003/2014. Under recent agreed changes to the NCHD contract of
employment, the payment of night duty premium may be extended from 5pm
to 8am should the period of night duty commence at 5pm and run through the
night.
Shift Work
Shift work occurs where employees work in rotation so that a function can
operate beyond normal daily or weekly hours. Workers with a starting time
variation of at least four hours and a difference of at least twelve hours
between the earliest and the latest finish should be paid a shift allowance. It
should be noted that where a shift premium is paid, Sunday Allowance is
applied but Night Duty allowance and Twilight allowance do not apply.
Twilight Payment
All grades currently rostered for hours from 8pm until the end of the day shift
and in receipt of the time and one sixth twilight payment are paid this
premium for the period.
Nurses rostered for duty between 6pm and 8pm in acute hospitals where
verification is in place for the transfer of tasks process in accordance with HR
Circular HR Circular 003/2016 and HR Circular 015/2016. will be paid the
twilight premium time of time and one sixth.
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Section 3 - Incremental Credit and
Starting Pay on Promotion
Incremental Credit
Section A - General Principles
New appointees to any grade start at the minimum point of the scale.
Incremental credit will be applied for recognised relevant service in Ireland
and abroad (Department of Health Circular 2/2011). Incremental credit is
normally granted on appointment, in respect of previous experience in the
Civil Service, local authorities, health service and other public service
bodies and statutory agencies. This provision is not affected by a break in
service.
Annual increments are normally granted to employees, subject to
satisfactory service.
Increments are normally postponed in respect of leave without pay for a
period exceeding 28 days (e.g. during special leave without pay for
domestic reasons or during unpaid sick leave) or for the period a person is
on a career break. However increments are not deferred during periods of
unpaid parental leave, unpaid maternity leave and unpaid adoptive leave.
Employees who have availed of the scheme relating to special leave with
nominal pay in order to work in under-developed countries are entitled to
incremental credit in respect of this period, provided the duties performed
overseas are broadly similar to present duties. One increment is granted in
respect of each year worked, up to a maximum of three increments
(Circulars S146/30, 31-08-76).
Temporary employees enjoy the same incremental credit arrangements as
their permanent counterparts.
Long Service Increments (LSI)
Where applicable the first LSI is payable to employees after three years at the
maximum of the scale. The second LSI (if applicable) is payable after a
further three years and the third LSI (if applicable) is payable after a further
three years.
The rule governing access to LSIs in respect of experience gained outside the
Irish public health service is as follows:
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An employee’s aggregate recognised service is reckonable for the purposes
of entitlement to LSIs i.e. s/he will acquire an entitlement to an LSI after the
same number of years service as his/her equivalent in the Irish public health
service. A newly appointed staff nurse, for example, who has 14 or more
years’ recognised service will be entitled to be placed on the LSI. The
requirement that the employee was in receipt of the maximum point of the
salary scale for three years no longer applies (HSE HR Circular No.
004/2009)
Part-time Employees
Part-time employees may also progress along the incremental salary scale on
the same basis as permanent whole time equivalent employees upon
completion of satisfactory service. Therefore incremental progression will
occur after 52 continuous weeks' service i.e. on the anniversary of the
employee’s appointment date. In the case of employees who provide relief
services on an "if and when required basis", any week in which no hours were
worked is normally counted for incremental credit purposes in accordance
with the arrangements which apply to all other employees with fixed
contracted hours. (Refer to Corporate Employee Relations Services Memos of
26/10/2011 and 3/11/2011).
Section B – Special Arrangements
Nurses
Incremental Credit on Appointment
All new entrants to the public service are to be placed on minimum point of
the scale unless they have previous relevant experience in private sector/
abroad (Department of Health Circular 2/2011. Full incremental credit may be
granted on appointment in respect of all previous genuine nursing experience
in Ireland and abroad.
Nurses will be required to satisfy the following validation criteria:
1. Letter from previous employer in Ireland confirming service and relevant
salary point.
2. Statement of employment details from employers based outside of Ireland.
3. Up to date C.V.
Students will receive incremental credit in respect of the 36 week placement
period (HSE HR Circular 005/2016). On successful completion of the Degree
Programme and registration with the Nursing and Midwifery Board of Ireland
(NMBI) and on commencement of employment in the public health service
graduates will be remunerated at the first point of the employees nurse scale
for a period of sixteen weeks taking into account the incremental credit
applied for their 36 week placement.
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Incremental credit for experience as a State Enrolled Nurse in the U.K. should
be granted on appointment as a nurse on the basis of one increment for every
three years service as a State Enrolled Nurse with the seventh incremental
point being given for 20 years service (HSE HR Circular No. 18/2006).
Health service employees who are sponsored to undergo the nursing degree
programme will, upon appointment as a staff nurse, be assimilated on the
nearest monetary point of the staff nurse scale to their existing salary (HSE
HR Circular No. 11/2008).
Post Registration Courses
Incremental credit may be granted to nurses undertaking approved courses
by the Nursing and Midwifery Board of Ireland on a full-time basis, up to a
maximum of two increments, provided the employee obtains the qualification
within a reasonable period of time.
Note
This provision only applies once during a nurse’s career, irrespective of
the number of full-time courses s/he undertakes.
Changing Disciplines
An employee is entitled to incremental credit in respect of previous service in
another nursing discipline. For example, a psychiatric nurse who transfers to
general nursing is entitled to incremental credit in respect of service as a
psychiatric nurse.
Clerical/Administrative Grades
Clerical and administrative grades are entitled to incremental credit on the
same basis as set out above under “General Principles”. In this context,
‘previous relevant experience’ refers to previous service in a similar grade in
the Civil Service, Local Authority Service, Health Service and other public
service bodies and statutory agencies, in Ireland or abroad.
Non-Consultant Hospital Doctors
a) Incremental credit is granted to the NCHD in respect of:
i) previous employment as an NCHD in Ireland in the public service or
in a recognised training post.
ii) time spent gaining a B.Sc degree in an appropriate specialty
(Pathology, Anatomy, Physiology),
iii) time spent gaining a postgraduate qualification (post completion of
internship) provided that during such time (s)he was actively
engaged in hospital work,
iv) time spent working as a junior lecturer in anatomy.
v) time spent as a University Demonstrator between the completion of
internship and appointment to a non-consultant medical post will be
regarded as being equivalent to hospital experience for the purpose
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of determining an NCHD’s entry point to the scale and his / her
eligibility for appointment to registrar grade.
And subject to the provisions of the Public Service Stability
Agreement 2013-2016.
b) In relation to the appointment of a doctor to the post of registrar, he
/she should have at least 24 months post qualification (completion of
internship)
c) experience before being eligible for such an appointment.
d) An NCHD will not be regarded as having incremental credit or previous
experience at Registrar level unless they have worked for at least three
months in a role which requires them to undertake the full range of
duties associated with a Registrar post.
e) An NCHD who takes up appointment as a Senior House Officer having
previously held a Registrar post will be placed on the equivalent point
of the SHO salary scale.
f) Periods spent in vocational training schemes for general practice are
reckonable for incremental credit.
g) Locum NCHDs shall be granted incremental credit on the basis of
previous recognised hospital experience.
h) An NCHD who was employed in an EU Member State will be granted
incremental credit for such experience. In such cases, incremental
credit will be evaluated on the basis of the NCHD’s date of registration
to practice as a doctor and subsequent experience.
i) An NCHD who was employed in a state (other than an EU member
state) prior to taking up appointment in Ireland may be granted
incremental credit where the experience was obtained in a recognised
teaching hospital. Satisfactory evidence of same must be provided by
the NCHD.
j) Up to two years incremental credit shall be granted to Maxillo-facial
trainees based on previous postgraduate dental experience.
k) Assimilation to the Specialist Registrar salary scale shall be on the
basis of completed years of service as follows:
Year
Specialist Registrar Point of
Scale
2
nd
/ 3
rd
SHO
1
st
Point
4
th
SHO and 1
st
Registrar
2
nd
Point
2
nd
Registrar
3
rd
Point
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3
rd
Registrar
4
th
Point
4
th
Registrar
5
th
Point
l) NCHDs appointed to posts of Senior Registrar who have been
employed as Registrars for three years or more will be granted one
increment for each year or part of a year employed in excess of the first
three years. This shall be up to a maximum of three increments over
and above the first point on the Senior Registrar scale.
m) Incremental credit is not granted to NCHDs in respect of:
i) Service as locum general practitioner,
ii) Service in a non-training post with the Irish Blood Transfusion
Service.
Therapy Grades
Full incremental credit is granted to therapy grades for previous professional
experience (both in the private and public sector), in Ireland and subject to
certification, abroad. This arises from the recommendations of the Report of
the Expert Group on Various Health Professions (2000).
Dentists
Full incremental credit is granted in respect of all post-graduate experience
both in the public and the private sectors on appointment.
Dental Nurses
Full incremental credit is granted to Dental Surgery Assistants for appropriate
experience in the private sector. Such credit can only be accrued from the
date the national certificate for dental surgery assistants (UK) or equivalent is
awarded.
Social Care Workers (Intellectual Disability Services)
Social Care Workers in the Intellectual Disability Service may not proceed
beyond the seventh point of the salary scale until s/he has obtained the
appropriate professional qualification.
Pharmacists
On permanent appointment, an employee is entitled to full incremental credit
in respect of previous recognised service.
Pharmaceutical Technicians
Incremental credit may be granted in respect of previous service in both the
public and private experience
Assistant Technical Services Officer
Incremental credit is granted in respect of relevant post-graduate experience
as follows:
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to qualify, an employee must have in excess of five years’
experience on the date of his/her appointment
the qualifying period is not recognised for the purpose of awarding
increments; an additional increment is awarded for each year
worked thereafter.
The Technical Services Officer must confirm, in writing, that the employee’s
post-graduate experience is relevant to the current post
The above arrangement does not apply where:
an employee is in receipt of a substitution allowance;
an existing permanent officer is appointed to the post.
Senior Assistant Technical Services Officer
Incremental credit is granted in respect of relevant post-graduate experience
as follows:
to qualify, an employee must have in excess of eight years
experience on the date of his/her appointment
the qualifying period is not recognised for the purpose of awarding
increments; an additional increment is awarded for each year
worked thereafter.
The Technical Services Officer must confirm, in writing, that the employee’s
post-graduate experience is relevant to the current post.
The above arrangement does not apply where:
the employee is in receipt of a substitution allowance;
an existing permanent officer is appointed to the post.
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Starting Pay on Promotion
Starting Pay and Promotion Rules are governed by the following provisions
(refer to Department of Health Circular 10/1971):
(i) Where the same salary scale applies to the employee’s existing office
and the office to which he is being newly appointed, he/she shall remain
on the same point of the scale and may retain his/her incremental date.
(ii) Where the minimum of the new salary scale is greater than existing pay
by an amount greater than one increment on the new scale, the
employee shall enter the new scale at the minimum – the date of
promotion to be the new incremental date.
(iii) Where the minimum of the new salary scale is greater than existing pay
by an amount equal to one increment on the new scale, the employee
shall enter the new scale at the minimum – he/she may retain his/her
incremental date. .
(iv) Where the minimum of the new salary scale is greater than existing pay
by an amount less than one increment on the new scale, the employee
may enter the new scale at the minimum plus one increment – the date
of promotion shall be the new incremental date.
(v) Subject to subparagraph (i) above, where the minimum of the new salary
scale is equal to existing pay, the employee may enter the new scale at
the minimum plus one increment – he/she may retain his existing
incremental date, if any.
(vi) Subject to sub-paragraph (i) above, where the minimum of the new scale
is less than existing pay, the employee may enter the new scale at the
point nearest but not below existing pay plus one increment, and
a) where the point of entry on the new scale is equal to existing pay,
he/she may retain his/her incremental date, if any,
b) in any other case, the date of promotion shall be the new
incremental date.
(vii) Where an employee to whom sub-paragraph (ii) (in cases only where the
minimum of the new scale exceeds existing pay by an amount less than
two increments in the new scale), (iii), (iv), (v) or (vi) above applies, has
been on a fixed salary or on the maximum of his/her existing salary for at
least three years at the date of his/her promotion or new appointment,
he/she may enter the new scale in accordance with the appropriate
provision and with a further additional increment, but in that case, the
date of promotion or new appointment will be the employee’s new
incremental date.
(viii) Where after a person has been promoted, and his/her salary has been
determined in accordance with sub-paragraphs (i) to (vii) above, the
salary or salary scale applicable to either the employee’s former office or
his new office, or both, is revised with effect from a date which is earlier
than the date of the promotion, the commencing salary shall, subject to
sub-paragraphs (ix) and (x) below, be re-determined in accordance with
these rules and by reference to the revised salaries or salary scales.
(ix) Where, in a case to which sub-paragraph (viii) applies, the salaries or
salary scales of both the employee’s former office and his new office are
revised with effect from different dates not more than six months apart,
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but only one of the revisions is made effective from a date which is
earlier than the date of the promotion or new appointment, the
commencing salary shall, subject to sub-paragraph (x), be re-determined
as if both revisions had been effective on the date of promotion.
(x) Nothing in sub-paragraphs (i) to (ix) shall be applied so as to enable an
employee to have a salary in excess of the maximum salary for the office
to which he is promoted or newly appointed.
Nurses
The normal pay on promotion rules as outlined above apply to nurses, except
in circumstances where the nurse might be financially disadvantaged on
promotion due to loss of their qualification or location allowance, e.g.: when
promoted from CNM2 to CNM3. In these cases the provisions of HSE HR
Circular 23/2006 as outlined below would apply.
Clinical Nurse Managers 2 who are in receipt of an allowance and who are
promoted to Clinical Nurse Manager 3 or Assistant Director of Nursing will be
assimilated on a person to holder basis in the following manner:
Existing substantive salary plus a sum equivalent to the Specialist
Qualification or Location Allowances if they are in receipt of one or the other
of these allowances.
The normal application of Department of Health Circular No.10/71
provisions will then apply.
In respect of individual nurses who were promoted prior to 1
st
February 2006:
Clinical Nurse Managers 2 who are in receipt of a Specialist Qualifications /
Location Allowance and who are promoted to Clinical Nurse Manager 3 or
Assistant Director of nursing will be assimilated on a personal to holder basis
to the higher scale in the following manner:
Existing substantive salary plus a sum equivalent to the Specialist
Qualification or Location Allowances if they are in receipt of one or the other
of these allowances.
The normal application of the Department of Health Circular No. 10/71
provisions will then apply.
c.f. HSE HR Circular 023/2006
Mental health nurses
Mental health nurses who are promoted for example from staff nurse to CNM I
or from CNM I to CNM II have the difference between the maximum of the
current scale and the scale to which the nurse is being promoted added to
their existing salary before they are assimilated onto the new scale using the
pay on promotion rules outlined in Department of Health Circular No. 10/71.
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c.f. Department of Health and Children Circular No. S100/94 issued 11 August
1969
Therapy Grades
A set differential applies to therapy grades upon promotion (Dieticians,
Occupational Therapists, Physiotherapists and Speech and Language
Therapists, Orthoptists and Chiropodists). The value of the differential is
added to the employees current salary and rounded to nearest salary point on
the higher scale. This arrangement supersedes the instructions on starting
pay and promotion as outlined in Department of Health Circular No.10/71
c.f. Department of Health and Children Circular No. 152/2000 issued 18
December 2000.
Craft Workers
Where an employee is promoted to any grade above his/her existing grade
he/she may move to the corresponding point on the new scale provided
he/she has completed at least five years service as a qualified craft worker in
the health service.
In any other case he/she shall be placed on the minimum of the new scale or
receive 50% of the differential between his/her point on the existing scale and
the corresponding point on the new scale adjusted up thereafter to the
nearest scale point, whichever is the most favourable.
Temporary Appointments
Temporary appointments may be made to cover periods of leave or to cover
vacancies (see HSE HR Circular 17/2013 and HSE HR Circular 008/2016).
The rules governing temporary appointments are as follows:
No payment is made for a temporary appointment of less than three
months. This includes periods which cover annual leave, sick leave,
special leave or other leave, or to allow for a recruitment process, or
the appointment from a panel, following a retirement or resignation.
Temporary appointments in excess of three months will attract
additional remuneration and the terms and conditions of the
higher/temporary post for the duration of the period. The pay and
assimilation arrangements for such staff should be the same as
those applying to employees who have been permanently
appointed.
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All appointments must be made in accordance with the Commission
for Public Service Appointments Code of Practice.
Exceptions to the general rules
Support Staff Grades
Where an employee in a support staff grade performs his/her duties at a
higher band within the support staff grading structure on a short term basis,
they will be paid the rate for the job at the outset. This will also apply to
situations where support employees are engaged in support duties on a short
term basis which are not of a supervisory or managerial nature.
(Memo issued by HSE Corporate Employee Relations, 17th October 2013,
Memo 14th July 2014 and Memo 19th May 2015 refers).
