Re: Circular Letter 0021/2021 Coronavirus (COVID-19) Arrangements for Teachers and SNAs employed in recognised Primary and Post Primary Schools.

The Department of Education and Skills has published Circular Letter 0021/2021 Coronavirus (COVID-19) Arrangements for Teachers and SNAs employed in recognised Primary and Post Primary Schools (attached). This circular replaces Circular Letter 0049/2020 and Information Notes TC 007/2021, TC 0008/2021, TC 0009/21, TC 0010/2021 and TC 0011/2021.

The purpose of this circular is to advise Boards of the leave and working arrangements for employees on the full re-opening of post-primary schools on Monday, 12th April 2021. The circular letter has a useful Employer’s Guide at Chapter 5 to guide schools through the various scenarios that may arise when dealing with these arrangements.

The general principles to apply to the management of COVID-19 include the safety and welfare of employees and the minimisation of the impact on teaching and learning.

 Key points to note:

• In accordance with HSE advice, an employee in the ‘high risk’ group, including an employee over 60 years of age who is not ill, must attend the workplace upon full re-opening on 12th April.

•  Pregnant teachers should, however, continue to work from home on a temporary basis pending advice and clarification from the DE/HSE.

Other points to note from the circular letter:

1. COVID-19 Response Plan and COVID-19 Return to Work Form

Each school is required to have an up-to-date COVID-19 Response Plan in place.  As part of the COVID-19 Response Plan, each employee is required to complete a Return to Work Form before returning to the workplace. The RTW Form is appended to the ‘COVID-19 Response Plan for the safe and sustainable operation of post-primary schools’.

Most employees would have completed this Form as part of the phased re-opening of schools. However, schools should request employees (verbally or in writing) to confirm that the details on the Return to Work Form remain unchanged following Easter break, any subsequent periods of closure or an extended period of absence or alternatively ask employees to complete a new Form.

2. Special Leave with Pay

Special Leave with Pay will be granted where an employee has been advised to self-isolate under the following circumstances:

a)    Displaying COVID-19 symptoms

b)    Diagnosed with COVID-19

The employee must provide HSE/medical certification to the employer for the duration of the absence, including the date of fitness to return to work (where available). A copy of the relevant HSE text message notification to the employee is acceptable where HSE/medical certification is unavailable at the time.

The application for special leave with pay will apply for the number of days advised by the HSE/GP, up to a maximum of 28 days subject to the employee providing satisfactory and ongoing medical certification to the employer.

Substitution: The school may appoint a substitute where an employee has been granted special leave with pay.

Application process: An employee who has been HSE/medically advised to self-isolate or HSE/medially diagnosed with COVID-19 must complete the Application Form in Appendix A of the circular letter. This Form must be accompanied by appropriate HSE/medical certification (or HSE text message).

Recording on OLCS: The Special Leave with Pay must be recorded on the OLCS under Personal Leave, sub-category ‘Covid-19 Self-Isolation’ or ‘Covid-19 Diagnosis’.

3. Extended Special Leave with Pay beyond 28 days (from 1st January 2021)

In certain circumstances, special leave with pay may be extended beyond 28 days for certified COVID-19 related illness in circumstances where:

• The employee had been in the work premises (any location outside the home) at any time during any of the 14 calendar days prior to commencing the self-isolation period for COVID-19 diagnosis. The attendance must have been known to and/or approved by the employer in advance.

• The employee provides the employer with medical evidence of a positive COVID-19 test including the date of this test and ongoing medical certification is submitted throughout the absence.

• Where an employee is absent on Special Leave with Pay for 28 days, the employer must make a non-discretionary referral to Medmark, in accordance with the standard management referral process. The employee must be provided with a copy of the referral.

• Following an assessment, the OHS will provide an Assessment Report to the employer confirming whether the employee is fit or unfit for work, that their absence relates primarily to ongoing COVID-19 illness, and that they are accessing appropriate medical care.

Recording of Extended Special Leave with Pay beyond 28 days:

Ø  The employer must complete the Declaration Form Appendix B pending receipt of the OHS Assessment Report.

Ø  The employer must complete the Approval Form Appendix C where the employer has approved the extended Special Leave with Pay upon receipt of the OHS Assessment Report.

4. Restricted Movement

Special Leave with pay does not apply where an employee is working from home due to:

a)    Restricting his/her movements based on HSE/medical advice

b)    Categorised as being in the very high-risk group

An employee with no COVD-19 symptoms will be medically/HSE advised to restrict his/her movements for the period specified by the HSE/GP if s/he is a close contact of a confirmed COVID-19 case or lives with someone who has COVID-19 symptoms.

Table 3 of the Employers Guide in chapter 5 of the circular letter details the current HSE advice on restricted movement and the working arrangements for an employee who has been advised to restrict his/her movements.

An employee who has been advised to restrict his/her movements and is medically fit for work remains available for work and should be assigned work for the period of restricted movement. Paragraph 4.4 has details on alternative working arrangements for both teachers and SNAs.

Substitution: The school may appoint a substitute where an employee has been medically/HSE advised to restrict his/her movements.

Application Process: An employee who has been advised to restrict his/her movement must complete Declaration Form Appendix D. This Form must be accompanied by appropriate HSE/medical certification (or HSE text message).

Recording on OLCS: An employee on restricted movement must be recorded on the OLCS under Personal Leave, sub-category ‘COVID-19 Restricted Movement’.

5. Travel Overseas

a)     Leave Arrangements Following Non-Essential Travel Overseas:

The government advises against all non-essential travel overseas.

Testing and Quarantine: Employees should familarise themselves with the testing and quarantine requirements in place at the time of their travel, both for their intended destination and on return to Ireland. Full details of current arrangements can be found at the gov.ie link. These arrangements may change from time to time and employees should be aware that whatever restricted movement requirements are in place on their date of return will apply to them.

Inform the BOM in advance of travel overseas: Employees are required to advise the BOM in advance of any intention to travel overseas and include the travel details. This is necessary to protect public health.

Unpaid Leave Application for non-essential travel overseas: It is a matter for each individual employee to provide for the period of restricted movement arising from non-essential travel overseas by way of an Unpaid Leave Application, in line with the normal terms and conditions. The normal entitlement to Unpaid Leave is 10 school days in a school year.

Where an employee is absent on approved Unpaid Leave, the school may appoint a substitute (regardless of whether the employee can work from home during this period).

b)     Arrangements Following Essential Travel Overseas

It is a matter for the BOM to determine on an individual case and based on the documentary evidence provided by the employee whether travel overseas is for an essential reason.

An employee is required to familarise themselves with the testing and quarantine requirements in place at the time of their travel, advise the BOM in advance and refer to paragraph 3.1 of the circular letter where quarantine is required on return to Ireland.

Appendix D – Declaration Form – Restricted Movement should be completed in the case of essential travel overseas.

6. High Risk Group

An employee in the high-risk group (including an employee over 60 years of age) who is not ill must return to the workplace on the full re-opening of schools on 12th April 2021.

Where an employee feels that they have been placed in an incorrect risk category, s/he may request a review through the OHS (Medmark).

The process for such a request is as follows: 

• The employee sends an email to cork@medmark.ie

• In the Subject box of his/her email they type in “Risk Assessment Review”.

• They may attach additional medical evidence should they wish to do.

• Medmark will then undertake a review and advise on the COVID-19 heath risk categorisation.

7. Pregnant Employees

Pending clarification from DES/HSE, a pregnant employee should continue to work remotely on a temporary basis.

Substitution: The employer may appoint a substitute paid by the Department to replace the pregnant employee in the classroom.

8. Very High-Risk Group

The ‘very high-risk’ group is currently advised to cocoon.

An employee who believes that s/he is at a very high-risk from contracting COVID-19 should:

a)    Complete the online OHS COVID-19 Risk Assessment which must be accompanied by a Report from the Treating Consultant. There is a Treating Consultant template available on the OHS website.

b)    Inform the BOM immediately or on diagnosis that s/he believes that they are in the ‘very high-risk’ group.

c)    The OHS provides a Report to the employee.

d)    Where an employee is categorised as at very high-risk, s/he should complete Declaration Form Appendix E in Circular Letter 21/2021 and return it immediately to the BOM and attach the COVID-19 Health Risk Assessment Report.

Alternative working arrangements: Where the employee is in the very high-risk group and medically fit for work, the school should prioritise alternative working arrangements using the guidance at paragraph 4.4 of the circular letter.

Ø  Paragraph 4.4.3 has details of duties for teachers

Ø  Paragraph 4.4.5 has details of duties for SNAs

The work and duties assigned should be determined by the BOM in consultation with the employee.

Substitute arrangements: The employer may appoint a substitute to replace the teacher/SNA in the classroom.

Recording on OLCS: An employee assessed by the OHS as being in the ‘very high-risk’ group must be recorded on the OLCS under Personal Leave, sub-category ‘COVID-19 Very High-Risk Group’.

9. Employees with caring or childcare responsibilities or living with a high-risk or very high-risk individual

Special Leave with pay is not available to those employees who have COVID-19 related caring or childcare responsibilities or those living with a high-risk or very high-risk individual.

An employee may, however, apply for any existing relevant leave entitlements where eligible (e.g. Parental Leave, Carer’s Leave/Force Majeure), in line with the terms and conditions of Department publications. The BOM may at their discretion waive or reduce the requirement for the 6-week notification for Parental Leave applications. When considering such a request, the BOM must take into account the welfare and needs of the students over all other considerations.

Substitution: Where personal/family leave is granted, a substitute may be employed.

10. Ordinary Sick Leave

Any non-COVID-19 illness must be recorded by the employer as Sick Leave on the OLCS system. If an employee is subsequently diagnosed with COVID-19, special leave with pay may be granted retrospectively in lieu of Sick Leave, subject to HSE or medical confirmation of COVID-19 diagnosis being provided and Appendix A Form being completed.

11. Useful Contacts:

• Employee Assistance Service provided by Spectrum.Life: 1800 411 057

• HSE Live: 1850 24 1850

School management must ensure that the contents of this circular letter are brought to the attention of all relevant staff, including those on leave of absence.

Is mise, Le mór mheas,

John Irwin,  GENERAL SECRETARY.