Carer’s Leave

Teachers

Purpose

Carer’s Leave is a period of unpaid leave available to a teacher to enable them to provide full-time care and attention to a relevant person.

The person for whom Carer’s Leave is being requested, known as the “relevant person”, must first be deemed by the Department of Social Protection to require full-time care and attention. The teacher must therefore apply to the Department of Social Protection using the prescribed CARB1 Form. Once approval has been granted, the teacher may then apply to their employer for Carer’s Leave.

Eligibility

A teacher may apply for Carer’s Leave where they have satisfactorily completed one year’s continuous service with their current employer.

This requirement may be waived in the following circumstances:

  • Where the teacher has been compulsorily redeployed into a school, provided they had completed at least one full year of service in their former school before redeployment.

  • Where the teacher is employed in a school that was amalgamated within one year of the application date for Carer’s Leave.

A teacher who is due to be placed on a redeployment panel, or who is already on a redeployment panel, may not be granted Carer’s Leave beyond the end of the school year in which their post is to be withdrawn.

Where a teacher is employed on a fixed-term contract, and that contract would have ended had the teacher not been on Carer’s Leave, the period of Carer’s Leave may not extend beyond the expiry date of the fixed-term contract.

A teacher who is absent on sick leave immediately before the proposed commencement of Carer’s Leave must be deemed fit by the Occupational Health Service to resume duty before commencing Carer’s Leave.

Operation of the Scheme

An application for Carer’s Leave should be submitted by the teacher to their employer at least six weeks before the proposed commencement date. A copy of the Department of Social Protection approval must be included with the application form, which is available at Appendix A of Chapter 6 of Circular Letter 0054/2019.

Where Carer’s Leave is approved, the employer should complete the confirmation document with the teacher at least four weeks before the commencement of the leave. This confirmation document is available at Appendix B of Chapter 6 of Circular Letter 0054/2019.

Period of Carer’s Leave

The maximum period of Carer’s Leave available to care for one relevant person is 104 weeks of unpaid leave. This leave may be taken as:

  • one continuous period of up to 104 weeks; or

  • one or more periods, provided the total period does not exceed 104 weeks.

Where Carer’s Leave is not taken as one continuous period, there must be a minimum gap of six weeks between separate periods of leave in respect of the same relevant person.

The minimum statutory period of Carer’s Leave that may be taken at any one time is 13 weeks.

A teacher may not be on Carer’s Leave in respect of more than one person at the same time. However, on one occasion only, a teacher may commence leave in respect of a second person where both relevant persons reside together and approval has been granted by the Department of Social Protection. In such circumstances, an overall total of up to 208 weeks of Carer’s Leave may be taken, comprising 104 weeks for each relevant person.

Where a teacher has availed of Carer’s Leave in respect of one person and subsequently wishes to avail of Carer’s Leave for another person who does not reside with the first person, a period of six months must elapse from the date of termination of the first period of leave before a further period of Carer’s Leave may commence.

Termination of Carer’s Leave

Carer’s Leave will normally end on the date specified in the confirmation document. It may also end where the person being cared for no longer requires full-time care and attention, or where the person being cared for dies during the period of leave.

In the event of the death of the person being cared for, the teacher may return to school on either the date specified in the confirmation document or a date six weeks after the date of death, whichever is earlier.

Carer’s Leave may also be terminated where the Department of Social Protection determines that:

  • the person in respect of whom Carer’s Leave is proposed or has been taken was not, or is no longer, a relevant person;

  • the teacher does not satisfy the conditions for providing full-time care and attention; or

  • the teacher is engaging, or has engaged, in employment or self-employment other than as permitted under regulations made by the Minister for Social Protection.

Working, Education or Training while on Carer’s Leave

A teacher may engage in substitute teaching, other employment outside teaching, training, or an education course while on Carer’s Leave, provided that:

  • prior approval is obtained from the Department of Social Protection before commencing employment, including substitute teaching, training, or an education course;

  • the aggregate hours of employment, training, or education do not exceed the statutory weekly limit of 18.5 hours; and

  • net earnings from all employment do not exceed the approved weekly limit set by the Department of Social Protection.

Maximum Period

Carer’s Leave may be granted for up to 104 weeks in respect of one relevant person. The leave may be taken as one continuous period or as one or more separate periods, provided the total duration does not exceed 104 weeks.

Paid/Unpaid for Teacher

Carer’s Leave is unpaid. A teacher may, however, be entitled to Carer’s Benefit from the Department of Social Protection, subject to meeting the relevant qualifying criteria.

A teacher may engage in substitute teaching, but not in their own teaching post, subject to the maximum weekly limit of 18.5 hours and the Department of Social Protection earnings limits.

Cover Type

  • Paid substitute

  • Paid through OLCS

Circular Letter

For full details on Carer’s Leave, please refer to Chapter 6 of Circular Letter 0054/2019 – Leave Schemes for Registered Teachers.

Special Needs Assistants

Carer’s Leave is a period of unpaid leave available to an SNA to enable them to provide full-time care and attention to a relevant person.

The person for whom Carer’s Leave is being requested, known as the “relevant person,” must first be deemed by the Department of Social Protection to require full-time care and attention. The SNA must therefore apply to the Department of Social Protection using the prescribed CARB1 Form. Once approval has been granted, the SNA may then apply to their employer for Carer’s Leave.

The maximum period of Carer’s Leave allowable to care for a ‘relevant person’ is 104 weeks unpaid. An SNA has the option of taking the leave as follows:

An SNA has the option of taking Carer’s Leave as one continuous period of 104 weeks or as one or more periods, provided the total duration does not exceed 104 weeks.

An SNA may be entitled to Carer’s Benefit from the Department of Social Protection. An SNA may engage in substitute work (but not in own SNA post), other work outside SNA work, training, or education courses, up to a maximum weekly limit of 18.5 hours and the Department of Social Protection’s weekly earnings limit.

Full details can be found in circular letter 0033/2023.

Other Employees

An employee of the Board of Management may apply for a period of unpaid leave to enable them to provide full-time care and attention to a ‘relevant person,’ i.e. a person deemed to need this level of care by the Department of Social Protection.

The maximum period of Carer’s Leave allowable to care for a ‘relevant person’ is 104 weeks unpaid leave. An employee has the option of taking the leave as follows:

An employee has the option of taking Carer’s Leave as one continuous period of 104 weeks or as one or more periods, provided the total duration does not exceed 104 weeks.

Where the Carer’s Leave is not taken as one continuous period of 104 weeks, there must be a minimum of 6 weeks intervening between the periods of Carer’s Leave in respect of the same person.

The employee may be entitled to Carer’s Benefit from the Department of Social Protection. An employee may engage in work outside of their current role, undertake training, or education courses, up to a maximum weekly limit of 18.5 hours and the Department of Social Protection’s weekly earnings limit.

For full details of Carer’s Leave for School Secretaries covered by the terms of the 2022 WRC Agreement, please refer to circular letter 0007/2024.