Leave policies

The entitlement to Annual Leave in the Civil Service is outlined in the Organisation of Working Time Act (1997) and Circular 08/2023 - Annual Leave in the Civil Service. This Circular consolidated revisions to annual leave allowances which were introduced subsequent to the issue of Circular 27/2003, as well as a number of letters. Additionally, this Circular sets out the revised provisions in relation to the carryover of annual leave and also outlines the entitlements in relation to the accrual of annual leave while on sick leave.

New Carryover of Annual Leave Rules

Carryover of Non-Statutory Annual Leave

Any non-statutory annual leave accrued during a leave year may be carried forward into the following year in accordance with the provisions of Circular 08/2023.

Any non-statutory annual leave carried over must be used in the year into which it has been carried; if not, it will be forfeited. As per the section below (“Sequencing”), any non-statutory annual leave carried over from the previous year will automatically be used before the leave accrued in the current year. This will facilitate a system whereby any leave carried over at the end of one year, must be used in the following annual leave year.

This same process can repeat each year, creating a continuous cycle in which there is always the facility for any non-statutory annual leave that is accrued in a given year to be carried over once, to be used the following year. This is the only leave category that will automatically carry over at the end of each year if not availed of.

Carryover of Statutory Annual Leave

In line with the OWTA 1997, an officer is required to avail of all of their statutory annual leave within the leave year in which it accrues.

If in exceptional circumstances, a case arises whereby an officer cannot take all of their statutory annual leave within the leave year due to business reasons, then the employer can allow the officer to carry over their statutory annual leave for it to be taken within the first six months of the following leave year. This leave, if not used within the first 6 months, will automatically be forfeited. It is expected that such occurrences should be rare, as regular discussions between line managers and officers should facilitate the taking of annual leave throughout the year in line with business needs.

As per the section below (“Sequencing”) any statutory annual leave carried over from the previous year will be the first category of annual leave that gets used.

Sequencing: Order in which Annual Leave will be taken

In a given annual leave year, the following is the order in which the various categories of annual leave will be used.

Statutory annual leave entitlement which has been carried over due to exceptional circumstances (see above section), as agreed between officer and line manager. (Note: This has to be used within first six months of the year as per the OWTA 1997).

Any non-statutory annual leave which has been carried over from the previous year, as allowed under the circular.

Statutory annual leave entitlement accrued during the current leave year.

Any non-statutory annual leave which has been accrued during the current leave year.

Transition to the New Carryover of Annual Leave Rules

The new carryover rules will come into effect for each of the different leave calendars facilitated by the NSSO commencing in 2024.

Further information in relation to the updated carryover arrangements and transitional arrangements can be found on NSSO.gov.ie

Public Service Management (Recruitment and Appointments) (Amendment) Act 2013

The Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 gives the Minister for Public Expenditure, NDP and Reform the power to make regulations that will set out specific details of the new Sick Leave Scheme for the Public Service.

The details of this Scheme are set out in:

• Public Service Management (Sick Leave) Regulations 2014 (S.I 124 of 2014)
• Public Service Management (Sick Leave) (Amendment) Regulations 2015 (S.I 384 of 2015)
• Public Service Management (Sick Leave) (Amendment) Regulations 2023 (S.I 407 of 2023)
• Circular 12/2023: Management of Sick Leave in the Civil Service

Sick Leave in the Civil Service

The administrative arrangements for sick leave in the Civil Service are set out in Circular 12/2023 and must be read in conjunction with the Regulations.

SI 124/2014

SI 384/2015

SI 407/2023

Paid sick leave

The scheme provides for the payment of the following to staff during periods of absence from work due to illness or injury:

• A maximum of 92 days on full pay in a rolling one year period
• Followed by a maximum of 91 days on half pay in a rolling one year period
• Subject to a maximum of 183 days paid sick leave in a rolling four year period

Temporary Rehabilitation Remuneration

Temporary Rehabilitation Remuneration (TRR) was formerly referred to as Pension Rate of Pay (PRP)

The rate of TRR is 37.5% of the remuneration that would otherwise accrue to the civil servant were they not on sick leave.

A waiting period of 3 days shall apply to each instance of absence to which TRR applies before payment can be made, except in the following circumstances;

• Where the civil servant transitions from full pay or half pay to TRR during an ongoing absence, or
• Where the absence occurs under the provisions of the Critical Illness Protocol (CIP).

TRR will only be payable when there is a realistic prospect of an civil servant returning to work and the civil servant concerned must have accrued two years’ service;. TRR can be paid up to 547 days under ordinary sick leave arrangements.

Critical Illness Provisions (CIP)

In recognition of the fact that, sometimes, a longer period of sick leave can be required to address a critical illness or serious physical injury, there is provision for the following to apply in exceptional circumstances:

• A maximum of 183 days on full pay in a rolling one year period
• Followed by a maximum of 182 days on half pay in a rolling one year period
• Subject to a maximum of 365 days paid sick leave in a rolling four year period

There will be access to TRR under the CIP as follows:

• 365 days on TRR
• a further period not exceeding 730 days may be granted in cases where the Chief Medical Officer (CMO) has confirmed that there is a reasonable prospect of return to work. Such cases must be directly linked to the critical illness and will normally follow a continuous period of long term sick leave. This is subject to six monthly reviews.

Granting of Critical Illness Provisions

The decision to grant extended paid sick leave for a critical illness, injury or condition is made by the HR Manager in the Department/Office and is based on medical advice from the CMO and all the circumstances of the case.

The Critical Illness Protocol (CIP) sets out the criteria which must be met in order to be granted access to critical illness provisions.

The Occupational Physician, (the Chief Medical Officer), will advise whether, in their opinion, the following criteria are met:

• The employee is medically unfit to return to his or her current duties or (where practicable) modified duties in the same pay grade
• The nature of this medical condition has at least one of the following characteristics:
• Acute life threatening physical illness
• Chronic progressive illness, with well-established potential to reduce life expectancy
• Major physical trauma ordinarily requiring corrective acute operative surgical treatment
• In-patient or day hospital care of ten consecutive days or greater.

Civil servants who wish to apply for CIP must fill out a CIP Application Form and submit it to their HR Manager.

CIP application form

Further information and information on ‘How to Apply’ for this leave type can be found on nsso.gov.ie

Civil Service Sick Leave Statistics

Following a review of the approach to the monitoring of sick leave across the public sector, it has been decided that any future reporting of sick leave for the Public Service should now be the focus of each individual sector who are best placed to respond to their own workplace absence levels. Presently the Civil Service does not publish sick leave statistics however previous published statistics are available below.

Civil Service Sick Leave Statistics 2019

Civil Service Rates of Sick Leave 2019

Public Service Sick Leave Statistics

The Public Service Sick Leave Statistics for 2018 show the rate of sick leave is 4.2% and on average 9.2 working days were taken per Full-Time Equivalent (FTE) in the Public Service.

Public Sick Leave Statistics 2018

The overall cost of sick leave in the Public Service is estimated at €381.5million for 2018 which represents a cumulative saving of €156.4 million since 2013.

Detailed Statistics and Trends for 2018 show sick leave rates since the introduction of the Public Service Sick Leave Scheme which came into effect in the majority of sectors on 31st March 2014 and the Education Sector on 1st September 2014.

Please see also Public Service Sick Leave Statistics for 2018, 2017, 2016, 2015, 2014 and 2013.

Rates of sick leave for the Civil Service broken down by organisation are also available for 2018, 2017, 2016, 2015, 2014 and 2013.

Review of Sick Leave Scheme

The Department of Public Expenditure and Reform carried out a comprehensive review of the operation of the Scheme and this was completed in July 2016 and made 17 recommendations for change.

Consultations in relation to the recommendations for change between DPER and the Public Sector Unions and Associations took place from September 2016 to Jun 2018.

Recommendations of the Review, other than those that went before the Labour Court in November 2018, have been agreed to by the Public Sector Unions and Associations

The matters before the Court were elements of the Sick Leave Scheme that were not standardised in 2014 when the Scheme was first introduced.

The outcome on the standardisation of these elements of the Scheme was the subject of a Labour Court ruling in November 2018 and these Changes have now been implemented across the Public Service.

Further information in relation to these amendments is available through the Support Materials regarding Public Service Management (Sick Leave) (Amendment) Regulations 2023.

Useful documents

Arrangements for Paid Sick Leave Circular12/2023

Support Material and FAQs

CIP Appeal Form

Pregnancy Related Sick Leave Flyer

Annual Leave and Sick Leave Letter

Maternity leave is a statutory leave entitlement which is provided for in the Maternity Protection Acts, 1994 & 2004 and the circulars listed below.

At present, maternity leave consists of twenty six consecutive weeks of paid leave with an option to avail of further sixteen weeks unpaid additional maternity leave.

Time in lieu for public holidays that occur during maternity leave will apply directly after the period of maternity leave.

Pregnant staff are entitled to such paid time off from duty as is necessary for attendance at ante-natal and post-natal clinics. Please see paragraph 4 of Circular 35/1995: Maternity Leave for further information in this regard.

The period of paid maternity leave counts as service in all respects. The period of unpaid additional maternity leave counts as service for promotion, increment, and public holidays but not for remuneration and superannuation purposes.

In general, a minimum of two weeks maternity leave must be taken before the date of confinement and at least four weeks after the date of confinement.

Officers appointed on or after 6 April 1995 when absent on paid maternity leave, are required to make the necessary claims for maternity benefit to the Department of Social within the required time limits and to comply with whatever requirements are laid down by that Department as a condition of claiming benefit. Full details of the requirements and conditions for making claims can be found on the DSP website.

Further information and information in relation to ‘How to Apply’ for this leave type can be found on NSSO.gov.ie

Maternity Leave

Maternity Leave

Maternity Leave Circular 0035/1995

Extension of Maternity and Adoptive Leave Circular 0009/2001

Implementation of the Regulations of the Maternity Protection Amendment Act 2004 Circular 0031/2006

Maternity Leave to cover premature births in the Civil Service Circular 0010/2019

Guidance Handbook

Paternity leave is a statutory leave entitlement which is provided for under the Paternity Leave and Benefit Act 2016 and Circular 18/2016 for children born or, in the case of adoption, placed, on or after 1 September 2016.

Only one person who is a relevant parent to the child may apply for paternity leave. These are:

• The father of the child
• The partner (spouse, civil partner or cohabitant) of the mother of the child
• The parent of a donor-conceived child

At present, paternity leave consists of two consecutive weeks of paid leave, starting on the date of the birth/placement or any time in the first 6 months after the baby's birth. The leave is for a maximum of two weeks, regardless of the number of children born.

Time in lieu for public holidays that occur during paternity leave will apply directly after the period of paternity leave.

Additionally, expectant fathers shall be entitled once only to time off from work, without loss of pay, for the purpose of attending the last two ante-natal classes attended by the expectant mother before the birth of the child.

The period of paid paternity leave counts as service in all respects.

Details in relation to paternity benefit and the application process can be found on the DSP website.

Further information and information on ‘How to Apply’ for this leave type can be found on NSSO.gov.ie

Paternity Leave FAQs

Circular 18 of 2016 Paternity Leave in the Civil Service

Adoptive leave is a statutory leave entitlement which is provided for in the Adoptive Leave Acts, 1995 & 2005 and the circulars listed below.

At present, adoptive leave consists of twenty four consecutive weeks of paid leave with an option to avail of a further sixteen consecutive weeks of unpaid additional adoptive leave. This leave can be availed if you are a parent who is adopting alone or as part of an adopting couple.

The period of paid adoptive leave counts as service in all respects. The period of unpaid additional adoptive leave counts as service for promotion, increment, and public holidays but not for remuneration and superannuation purposes.

Time off to attend certain preparation / pre-adoption classes and meetings, or possible flexitime adjustments in the context of arranging foreign adoptions may also be availed of. Civil servants should consult their local HR unit for further information in this regard.

Officers appointed on or after 6 April 1995 are required to make the necessary claims for adoptive benefit to the Department of Social Protection within the required time limits and to comply with whatever requirements are laid down by that Department as a condition of claiming benefit. Further information regarding Adoptive Benefit can be found on the DSP website.

Further information and information in relation to ‘How to Apply’ for this leave type can be found on the NSSO.gov.ie website.

Adoptive Leave

Adoptive Leave FAQ

Adoptive Leave Circular 02/1997

Extension of Maternity and Adoptive Leave Circular 09/2001

Adoptive Leave Act 2005

Adoptive Leave Act Circular 0030/2006

If you are working and breastfeeding, you are entitled to take 1 hour off work (with pay) each day as a breastfeeding break for up to 2 years (104 weeks) after the birth of your child.

This time may be taken as:

• One 60 minute break
• Two 30 minute breaks
• Three 20 minute breaks

Part-time workers are also entitled to breastfeeding breaks, calculated on a pro-rata basis.

Information in relation to breastfeeding breaks can be found in Circular 31/06: Implementation of the Regulations of the Maternity Protection (Amendment) Act 2004).

Civil servants who wish to avail of these breaks should consult their local HR unit for further information.

Force Majeure Leave (i.e. paid ‘emergency’ leave)

Circular 05/2010: Force Majeure and other Urgent Family Reasons Leave, outlines the entitlement to force majeure leave, which like Parental Leave, is provided for in the Parental Leave Act 1998 and the Parental Leave (Amendment) Acts 2006 & 2019.

Force Majeure leave means that all employees have a limited right to paid time off (three days in any period of twelve consecutive months and five days in any period of thirty six consecutive months) for urgent family reasons owing to accident/illness of an immediate relative, or of a person “in a relationship of domestic dependency” with the employee. An absence for part of a day is counted as one day for the purposes of force majeure leave. It cannot be applied for in half day increments.

In order to be able to avail of force majeure leave, the event giving rise to it must be urgent, and the employee’s immediate presence with the ill or injured person must be indispensable.

Further general information and information in relation to ‘How to Apply’ for this type leave can be found on NSSO.gov.ie

Force Majeure Leave

Force Majeure Leave

Force Majeure and other urgent family reasons leave Circular 0005/2010

The Parent’s Leave and Benefit Act 2019 provides seven weeks parent’s leave to each relevant parent during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family. Parent’s leave and benefit will be extended by 2 weeks to 9 weeks from August 2024.

Parent's leave is not applicable to children born or placed prior to 1 November 2019.

A relevant parent is one of the following:

• A parent of the child
• A spouse, civil partner or cohabitant of the parent of the child
• A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015
• The adopting parent or parents of a child
• The spouse, civil partner or spouse of the adopting parent of the child (if the parents have not adopted jointly).

This leave is salary affected, as the Civil Service does not pay a salary top up for officers availing of this leave. Officers availing of parent’s leave may apply to the Department of Social Protection (DSP) for Parent’s Benefit to receive a benefit payment while on this leave. Further information regarding Parent’s Benefit can be found on the DSP website.

Further information and information on ‘How to Apply’ for this leave type can be found on NSSO.gov.ie

Circular 20/2008 – Parental leave in the Civil Service provides a summary of the main provisions of the Parental Leave Acts and is the authoritative guidance on all aspects of the parental leave scheme as it applies in the Civil Service.

Parental Leave is a statutory entitlement which is provided for in Parental Leave Act 1998 and the Parental Leave (Amendment) Act 2006, which allows the parent of a child, born or adopted, to take unpaid leave for up to 26 working weeks for the purpose of caring for each eligible child.

Up until recently, the maximum age of the child in respect of whom civil servants may take parental leave was thirteen years of age. However, it has now been decided to increase the maximum age to sixteen years of age in all cases including for parents of children with a disability or long-term illness and in the case of adoption. What this change means is that all officers who have unused parental leave now have until their child’s sixteenth birthday to avail of this leave. There is no change to the amount of leave that can be availed of. The letter which outlines this new provision can be found on Gov.ie

Those who are in loco parentis may also be entitled to avail of Parental Leave. Parental Leave is available to civil servants who have one year’s continuous service, but it will also be allowed, on a reduced basis, to staff who have more than three months but less than twelve months continuous service.

Parental Leave may be taken as one continuous period of 26 weeks, or as shorter periods together amounting to 26 weeks. This entitlement is reduced pro-rata in cases where the parent is availing of worksharing arrangements.

14 weeks of the 26 weeks Parental Leave entitlements may be transferred from one parent to another if both parents are employed by the same employer (the Civil Service is deemed a single employer for this purpose), subject to the employer’s agreement.

An officer who falls ill while on parental leave and as a result is unable to care for the child, e.g. hospitalisation, may suspend the parental leave for the duration of the illness following which period the parental leave recommences.

While the Parental Leave Act does not confer an entitlement to remuneration and superannuation benefits, an officer on parental leave is deemed to be in employment. The absence will therefore count as service for promotion, increment and annual leave.

Further information and information on ‘How to Apply’ for this leave type can be found on NSSO.gov.ie

Parental Leave in the Civil Service Circular 0020/2008

Carer’s Leave, which is a statutory entitlement (Carer’s Leave Act, 2001), allows officers to take temporary unpaid leave to enable them personally to provide full-time care and attention for a person who is in need of such care. A deciding officer of the DSP will decide whether individual is in need of such care after checking with their GP. The leave can be taken in respect of a family member, spouse, friend or colleague.

The maximum entitlement to Carer’s Leave is two years or one hundred and four weeks. The minimum entitlement is thirteen weeks.

Carer’s Leave may be taken as one continuous period of one hundred and four weeks or, within certain limits, as one or more periods amounting to not more than one hundred and four weeks.

A civil servant who wishes to avail of Carer’s Leave must have completed at least twelve months continuous service in the Civil Service (there is no hours threshold).

A civil servant on Carer’s Leave will be treated as if he or she had not been absent from his or her employment so that all his or her employment rights, except the right to remuneration, annual leave, public holidays in excess of the initial period of thirteen weeks of Carer’s Leave, and superannuation benefits, will be unaffected during the leave.

Though carer’s leave is unpaid, you may be entitled to carer’s benefit from the Department of Social Protection. Further information in this regard can be found on the DSP Website.

One may work while on carer’s leave, for a maximum of two days per week. (Most employees with this arrangement will work half days). This is subject to Local HR approval.

Further general information and information in relation to ‘How to Apply’ for this type leave can be found on NSSO.gov.ie

Carers Leave Circular 0039/2005

In accordance with the terms of the Work Life Balance and Miscellaneous Provisions Act 2023, civil servants may avail of up to 5 days of unpaid leave for medical care purposes in any 12 consecutive months. This leave can be taken as individual days or a block/blocks of days. An absence for part of a day is counted as one day.

While the Act does not confer an entitlement to remuneration and superannuation benefits, an officer on leave for medical care purposes is deemed to be in employment. The absence will therefore count as service for promotion, increments and annual leave.

This entitlement is in addition to existing statutory entitlements to carer’s leave, and force majeure leave and non-statutory entitlement to family illness leave which is provided under Circular 05/2010.

There is no minimum service requirement to avail of this leave type.

As outlined in the Act, officers can avail of this leave to provide care to certain specified persons who require significant care or support for a serious medical reason. Specified persons include:

• Child (including an adopted child)
• Spouse or Civil Partner
• Cohabitant
• Parent or Grandparent
• Sibling
• Any other person to those listed above who lives in the same house as the officer

Further information and information in relation to ‘How to Apply’ for this type leave can be found on NSSO.gov.ie

• Special leave policies (paid)
• Special leave policies (unpaid)