Bereavement Leave Circular for SNAs-Final nw

Circular Letter 0079/2022

To: The Managerial Authorities of Recognised Primary, Secondary,

Community and Comprehensive Schools

and

The Chief Executives of Education and Training Boards

Bereavement Leave Scheme for Special Needs Assistants

employed

in Recognised Primary and Post Primary Schools

The Minister for Education, pursuant to the power contained in Section 24 of the

Education Act (as amended), directs employers to implement the procedures, as

stated, for eligible special needs assistants employed in approved posts funded by

monies provided by the Oireachtas.

All employers and SNAs must adhere to the agreed terms and conditions as stated

with effect from the date of this Circular.

This Circular supersedes all previous Circulars, memoranda, rules and regulations in

relation to Bereavement Leave for SNAs employed in recognised primary and post

primary schools.

Please ensure this Circular is circulated to all members of the Board of

Management/Education and Training Board and that its contents are brought to the

attention of all SNAs in your employment, including those on leave of absence.

All queries should initially be brought to the attention of the employer who may wish

to consult with their representative organisation. Any further queries may be directed

to the Department at the following email address: teachersna@education.gov.ie

This Circular can be accessed on the Department’s website at www.gov.ie

Clare Butler Sinéad Keenaghan

Principal Officer Principal Officer

Teacher/SNA Terms and Conditions Section Payroll Division

December, 2022

Contents

Definitions and Abbreviations ................................................................................................. 3

1. Bereavement Leave Scheme .......................................................................................... 3

2. Entitlement to Bereavement Leave ............................................................................... 4

3. Application Procedures ................................................................................................... 4

4. Recording of Leave ........................................................................................................... 5

5. Status during Bereavement Leave ................................................................................ 5

6. Replacement SNA .............................................................................................................. 6

7. Employment while on Bereavement Leave ................................................................ 6

8. Leave Entitlements for Fixed Term/Fixed Purpose Appointments ...................... 6

9. Contact during Leave ....................................................................................................... 6

10. Employee Assistance Service ........................................................................................ 6

11. Correspondence Address ............................................................................................... 6

12. Compliance ......................................................................................................................... 6

13. Retention of Documentation .......................................................................................... 6

Appendix A - Bereavement Leave Entitlements .................................................................. 8

Appendix B - Bereavement Leave Sample Calculations ................................................... 9

Appendix C - Application Form for Bereavement Leave ................................................ 11

Definitions and Abbreviations

For the purpose of this Circular, the following terms shall have the meaning assigned

to them, unless the context indicates otherwise:

‘Back to Back’ Contract - means a contract which follows immediately from the

previous contract with no break in service e.g. one contract ends on 31

August and

a new contract will begin from 1

September of the same year.

Employer – means a Board of Management/Manager in the case of primary

(excluding community national schools), voluntary secondary, community and

comprehensive schools and an Education and Training Board (ETB) for vocational

schools/community colleges, community national schools. The Board of

Management/Manager or ETB may delegate as appropriate, responsibility for

matters set out in this Circular.

ETB – means an Education and Training Board established under, and

governed according to the Education and Training Boards Act 2013.

On Line Claims System (OLCS) – means the system for recording of absences and

input of claims for the payment of substitute and non-regular part-time SNAs which is

currently operating in primary, voluntary secondary, community and comprehensive

schools.

Paymaster – means the organisation in charge of paying salaries. This is the

Department of Education in the case of primary (including community national

schools), voluntary secondary, community and comprehensive SNAs, and the ETBs

or Education Shared Business Services (ESBS) in the case of

ETB/vocational/community college SNAs.

Recognised School – means a school which is recognised by the Minister for

Education in accordance with Section 10 of the Education Act 1998.

SNA – means Special Needs Assistant.

The Department – means The Department of Education.

Working Day – means any day from Monday to Friday throughout the calendar year,

excluding public/bank holidays. For the purpose of Bereavement Leave entitlement,

periods of school closure (e.g. Christmas, summer, mid-term) that occur during the

leave period will be recorded as Bereavement Leave.

1. Bereavement Leave Scheme

1.1 The purpose of this Circular is to set out the revised provisions under the

Bereavement Leave Scheme, which may be granted by the employer to an

SNA, in the event of the death of their relative.

2. Entitlement to Bereavement Leave

2.1 An SNA is eligible for special leave with pay in the event of the death of any

relative listed at Appendix A of this Circular. The number of days special

leave with pay that may be granted will depend on the relative, as detailed

at Appendix A.

2.2 Bereavement Leave must be availed of at the time of the bereavement, to

facilitate the SNA with time off from work.

2.3 In exceptional circumstances, where the funeral is held at a later date (e.g.

funeral abroad), Bereavement Leave may be granted at that time, at the

discretion of the employer.

2.4 Bereavement Leave must be taken over a consecutive period. The

Bereavement Leave entitlement is calculated based on the working days,

with periods of school closure included, and public/bank holidays and

weekends excluded. Please refer to the examples set out at Appendix B of

this Circular.

2.5 With regard to an SNA who is currently job-sharing, the amount of

Bereavement Leave granted will depend on whether the SNA was

scheduled to work during the period of leave. Please refer to example 3 set

out at Appendix B.

2.6 Where an SNA is already absent on other approved leave (e.g. Sick Leave,

Maternity Leave, Carer’s Leave, Parental Leave, Marriage Leave) when the

bereavement occurs, it cannot be replaced with Bereavement Leave.

2.7 There is no requirement for an SNA to avail of the full amount of

Bereavement Leave entitlement. In certain situations, an SNA may wish to

return to work sooner.

3. Application Procedures

3.1 An SNA absent due to a bereavement should notify the employer

immediately.

3.2 An application for Bereavement Leave should be made to the employer as

soon as is reasonably practicable after the bereavement, using the

Application Form at Appendix C of this Circular.

3.3 Where an employer has determined there is no entitlement, or a lesser

entitlement to Bereavement Leave under this Circular, the employer must

provide the SNA with a written notice of their decision and the grounds for

refusal, as soon as possible i.e. where the application does not meet the

criteria for Bereavement Leave entitlement under this Circular.

4. Recording of Leave

4.1 Following the employer’s approval of the Bereavement Leave, the absence

must be recorded by the employer on the OLCS/relevant ETB system in a

timely manner.

4.2 For schools using the Department’s OLCS, Bereavement Leave must be

recorded on the OLCS under ‘Personal Leave’, sub-category titled

‘Bereavement Leave’.

4.3 Interim arrangements for recording of Bereavement Leave on OLCS:

(a) At publication stage of this Circular, the ‘Bereavement Leave’ sub-

category will be under development in the Department.

(b) Pending the availability of the ‘Bereavement Leave’ sub-category on the

OLCS, the following arrangements apply:-

i) the employer may record the Bereavement Leave under the current

sub-category titled ‘Death in Family’.

ii) where an SNA’s approved Bereavement Leave entitlement is 5

working days or more, the employer must contact the Department at

[email protected] to request the additional leave to be

recorded on the OLCS.

iii) in such cases, the employer must provide the following information to

the Department, so that the leave can be recorded:-

 SNA’s Name

 SNA’s PPS Number

 Roll No. of school where SNA currently employed

 Start date and end date of approved Bereavement Leave period

 Relationship of deceased to SNA

Leave’ sub-category is available to schools to record this leave.

4.4 ETB schools must record Bereavement Leave on their relevant ETB

system.

5. Status during Bereavement Leave

5.1 An SNA on Bereavement Leave is deemed for all purposes to be in

employment at that time including remuneration and superannuation.

Bereavement Leave is fully reckonable for seniority and progression on the

incremental salary scale.

6. Replacement SNA

6.1 The employer may appoint a substitute SNA, paid by the Paymaster while

an SNA is absent on Bereavement Leave and this must be recorded on the

OLCS/relevant ETB system.

7. Employment while on Bereavement Leave

7.1 An SNA on Bereavement Leave may not engage in any type of SNA work

or other paid employment.

8. Leave Entitlements for Fixed Term/Fixed Purpose Appointments

8.1 An SNA who is on a fixed term/fixed purpose contract of employment shall,

during the term of the contract, have full leave entitlements under the

Bereavement Leave Scheme. The granting or taking of this leave should

not affect a fixed term/fixed purpose appointment or the renewing of such

an appointment.

8.2 An SNA’s entitlement to Bereavement Leave shall cease on the expiry of a

contract and that contract not having been renewed unless that contract is

followed directly by a ‘back to back’ contract in an approved post funded by

monies provided by the Oireachtas.

9. Contact during Leave

9.1 It is considered good practice in maintaining a positive wellbeing culture in

the school, to have appropriate contact between the employer and the SNA

during periods of leave. The nature of this contact should focus on the

welfare of the SNA and the facilitation of a successful return to work.

10. Employee Assistance Service

10.1 The Employee Assistance Service, which is currently provided by

Spectrum.Life, is available as a supportive resource for employees. The

freephone confidential helpline is 1800 411 057 and is available 24 hours a

day, 365 days a year.

11. Correspondence Address

11.1 The employer will address and send all necessary correspondence to the

SNA at the email/home address last notified. No fault shall lie with the

employer in the event that the SNA does not receive such correspondence.

12. Compliance

12.1 Failure to abide with the terms set out in this Circular may be dealt with

under the agreed disciplinary procedures and may lead to the cessation of

salary in the case of SNAs and/or withdrawal of substitute cover for

schools.

13. Retention of Documentation

13.1 All documentation relating to SNA absences must be retained by the

employer with the relevant personnel records in a safe and secure manner

and in line with the school’s data protection policy and data protection

regulations. These records may be selected for inspection by nominated

Department officials.

Appendix A - Bereavement Leave Entitlements

Relative of the SNA Bereavement Leave entitlement

Immediate Family:

 Spouse (including a cohabiting partner)

 Child (including adopted child, step-child and child

being cared for on the basis of 'in loco parentis')

 Any person in a relationship of domestic dependency

(meaning the deceased person shared accommodation with the

SNA and also relied on them for their care)

Maximum of 20 working days

Immediate Relative:

Maximum of 5 working days

Where an SNA has to travel abroad to

make funeral arrangements in respect of

an immediate relative, Bereavement

Leave in excess of 5 working days may

be granted at the discretion of their

employer.

Note: For schools using the Department’s

OLCS, the employer should contact the

Department (OLCS Helpdesk) at:

onlineclaims@education.gov.ie for OLCS

entry of Bereavement Leave in excess of

5 working days for ‘Immediate Relative’.

 Father

 Mother

 Step-father

 Step-mother

 Brother

 Step-brother

 Half-brother

 Brother-in-law

 Sister

 Step-sister

 Half-sister

 Sister-in-law

 Father-in-law

 Mother-in-law

 Son-in-law

 Daughter-in-law

 Grandfather

 Grandmother

 Grandchild

Note: Entitlement for a co-habiting partner (the SNA) is

treated same as for a spouse i.e. entitlement for mother-

in-law, father-in-law, sister-in-law, brother-in-law.

Other Immediate Relative

 Aunt

 Uncle

 Niece

 Nephew

Maximum of 1 working day

In exceptional circumstances, (e.g. where

the SNA concerned has lived with the

deceased at the time of their death, or has

to take charge of funeral arrangements),

this limit may be extended up to 5 working

days.

Note: For schools using the Department’s

OLCS, the employer should contact the

Department (OLCS Helpdesk) at:

onlineclaims@education.gov.ie for OLCS

entry of Bereavement Leave in excess of

1 working day for ‘Other Immediate

Relative’.

Stillbirth or prenatal death after 24 weeks of

pregnancy (refers to Bereavement Leave only, and

does not affect Paternity Leave entitlement)

 Father of the child

 Spouse, Civil Partner or Cohabiting Partner of the

child’s mother

 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

Part 2 of that Act.

Maximum of 10 working days

Appendix B - Bereavement Leave Sample Calculations

Example 1 – Bereavement Leave entitlement where there are no school closures

1) In the event of the death of an SNA’s child, there is a maximum Bereavement

Leave entitlement of 20 working days.

2) John commences Bereavement Leave on 9

January 2023, due to the death of

his child.

3) Bereavement Leave entitlement is calculated based on the working days in the

relevant period, with periods of school closure included, and public/bank holidays

and weekends excluded.

4) John is granted 20 working days Bereavement Leave broken down, as follows:-

 9

to 13

January (5 working days)

 16

to 20

January (5 working days)

 23

to 27

January (5 working days)

 30

January to 3

February (5 working days)

Example 2 – Bereavement Leave entitlement over school closure period

1) In the event of the death of an SNA’s spouse, there is a maximum Bereavement

Leave entitlement of 20 working days.

2) Anne commences Bereavement Leave on 21

December 2022, due to the death

of her spouse. The school closes for the Christmas holiday period on 23

December and will re-open on 9

January 2023.

3) Bereavement Leave entitlement is calculated based on the working days in the

relevant period, with periods of school closure included, and public/bank holidays

and weekends excluded.

4) Anne is granted 20 working days Bereavement Leave broken down, as follows:-

 21

to 23

December 2022 (3 working days)

 28

to 30

December 2022 (3 working days)

 3

to 6

January 2023 (4 working days)

 9

to 13

January 2023 (5 working days)

 16

to 20

January 2023 (5 working days)

Example 3 – Bereavement Leave entitlement for job-sharing SNA

1) In the event of the death of an SNA’s father, there is a maximum Bereavement

Leave entitlement of 5 working days.

2) Mary is a job-sharing SNA who works a split week i.e. 3 day/2 day. She is due to

work 12

to 14

December 2022 (Monday to Wednesday) and the following

week from 22

to 23

December (Thursday to Friday). Mary commences

Bereavement Leave on Wednesday 14

December due to the death of her

father.

3) Bereavement Leave entitlement is calculated based on the working days in the

relevant period, with periods of school closure included, and public/bank holidays

and weekends excluded.

4) Mary is granted 1 working day Bereavement Leave, as follows:-

 14

December (1 day of bereavement leave)

5) Mary is due to return to work on 22

December.

Example 4 – Bereavement Leave entitlement where death occurs at weekend

1) In the event of the death of an SNA’s brother, there is a maximum Bereavement

Leave entitlement of 5 working days.

2) The death of Joe’s brother occurs on Saturday 4

February 2023. Joe

commences Bereavement Leave on Tuesday 7

February, because Monday 6

February is a bank holiday.

3) Bereavement Leave entitlement is calculated based on the working days in the

relevant period, with periods of school closure included, and public/bank holidays

and weekends excluded.

4) Joe is granted 5 working days Bereavement Leave broken down, as follows:-

 7

to 10

February 2023 (4 working days)

 13

February 2023 (1 working day)

Page 1 of 2

Appendix C - Application Form for Bereavement Leave

Bereavement Leave should be notified to the employer immediately and applied

for as soon as is reasonably practicable after the bereavement. The SNA must fully

complete and submit the Application Form to the employer.

PART 1A – SNA APPLICATION

SNA’s Name: _______________________ Contact No.: _____________________

Home Address: ________________________________________________________

E-mail Address: ________________________________________________________

PPSN: _______________________________________________________________

School Name: ______________________ Roll No.: ___________________________

PART 1B – DETAILS OF THE DECEASED

Name of deceased: _____________________________________________________

Relationship to SNA: _____________________________ ________________

Date of death: _________________________________________________________

Bereavement Leave commencement date: __________________________________

Bereavement Leave end date: ____________________________________________

Number of working days: ________________________________________________

Declaration

I wish to apply for Bereavement Leave in accordance with the Bereavement Leave

Scheme as set out in Circular 0079/2022.

I confirm that the information provided in the application is true and accurate.

Signature of SNA: _________________________ Date: ___________________

Page 2 of 2

Data Protection Privacy Statement

The main purpose for which the Department requires you to provide this personal

data to your employer is to enable your Bereavement Leave application to be

processed. Your employer will retain your Application Form and accompanying

documents in accordance with their Data Protection policy. Further information in

relation to this policy is available on request from your employer.

The Privacy Notice outlining further information in relation to this Application Form

can be found on gov.ie. Full details of the Department's Data Protection policy

setting out how we will use your personal data as well as information regarding

your rights as a data subject are available on gov.ie. Details of this policy are

also available in hard copy from Teacher/SNA Terms & Conditions Section,

Department of Education, Cornamaddy, Athlone, Co. Westmeath, N37 X659,

upon request.

PART 2 – EMPLOYER DECISION

I certify that I have approved/refused (delete as appropriate) Bereavement Leave

in accordance with the Bereavement Leave Scheme as set out in Circular

0079/2022. The following documents will be retained for audit purposes:

1) Application for Bereavement Leave

2) Proof of bereavement (e.g. publication on rip.ie)

Approved Bereavement Leave has been recorded on the

OLCS/relevant ETB system

Signature: ___________________________ Date: ______________________

(Employer)

Application Form should NOT be submitted to the Department of

Education. They should be retained in the school/ETB with any other

relevant documentation for record and audit purposes with the relevant

personnel records.