Conference Report 2016

CENTRAL EXECUTIVE COMMITTEE REPORT
PublIC SERVICE mANAGEmENT
SICK lEAVE REGulATIONS
As you are aware the Garda Representative Association
strongly objected both to the manner and the contents of
the Garda Síochána Public Service Sick Regulations (S.I. No.
124 of 2014); particularly as at the time we were involved
in a working group which was clearly set out in our
applications to the High Court and the Court of Appeal. The
new regulations have created considerable, and in some
cases insurmountable difficulties for members of the force
particularly concerning the issue of reclassification of injuries.
The failure to acknowledge that members were injured on
duty at all continues to exacerbate our position. The GRA is
concerned that some of the provisions in the regulations
are both incoherent, irrational and are lacking in clarity.
Both the High Court and the Court of Appeal found in favour
of the State without examining in detail the regulations
themselves. However, despite the fact that the Association
did not succeed with their action, the Association were
allowed all of their costs in the High Court including the
interlocutory application and almost two thirds of their
costs in the Court of Appeal. As such it can be seen that the
courts were sympathetic to the Association’s cause.
The Association has instructed our Solicitor, Martin
Moran & Co., to proceed by way of application for leave
and notice of appeal to the Supreme Court on the basis
that the action raises very significant issues both of
public policy and of accountability, and that An Garda
Síochána were the only class of public servants who had
their terms and conditions of employment altered by the
new regulations against their will. It is also pleaded that
the State failed to comply with fair procedures and the
association had a legitimate expectation that the talks
would conclude in a reasonable manner.
It is evident that the new Sick Regulations have created
acute difficulties for some members of An Garda
Síochána owing to the retrospective application of the
four-year rolling period. Members are not being properly
classified as having been injured on duty and this
continues to cause problems for individual members at a
difficult time. We have raised these matters with Garda
Management and continue to seek resolution.
There is inherent unfairness incorporated in the new
regulations that puts great strain and hardship on some
of our members when they are at their most vulnerable –
especially those who have suffered critical illnesses over
the past four years. Where it may benefit members to
have a period of such absence prior to 31st March 2014
re-categorised as being due to “critical illness” members
should apprise themselves of the contents of HQ
Directive 21/2015 and apply for same.
AmENDmENTS TO REGulATIONS
The Regulations were amended to reflect improvements
in regard to pregnancy related sick.
Since March 2014 the Public Service Sick Leave Scheme
provides that:
• No woman shall be paid less than half pay while
absent for a pregnancy related illness
• A woman who has availed of pregnancy related sick
leave will have access to additional sick leave at half
pay equivalent to the period for which she was on
pregnancy related sick leave at half pay.
The amendment to the Regulations means that in addition
to the provisions above, access to additional sick leave at
the half rate of pay will be allowed for all pregnancy
related sick leave (i.e. not just sick leave taken at half pay).
The amended Sick Leave Regulations provides that:
1. Transitional Arrangement: Discount all pregnancyrelated
sick leave that occurred before the
introduction of the new Public Service Sick Leave
Scheme for the purpose of calculating access to paid
sick leave under the current scheme.
2. Ongoing Arrangement: A woman who has
exhausted her access to paid sick leave due to
pregnancy-related sick leave in the previous 4 years
may have access to additional non-pregnancy related
sick leave at the half rate of pay.
The number of additional days allowed:
• Will be the equivalent number of days taken on
pregnancy related sick leave in the four years;
• Must not exceed normal sick leave limits (e.g. 183
days) for non-pregnancy related sick leave (when
counted with other non-pregnancy related sick leave
in the previous four years).
The provisions are now included in the Public Service
Management (Sick Leave) (Amendment) Regulations (S.I.
No. 384 of 2015) and are effective from 31st March
2014. HQ Directive 97/2015 refers.
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Garda Representative Association