A guide to Occupational Injury Leave Scheme for Registered Teachers employed in Recognised Post Primary Schools
Occupational Injury Leave Scheme
Leave with pay may be granted by the employer, to a teacher who has been certified as medically unfit for work due to a physical injury sustained as a result of an accident in the actual discharge of their duties, including approved school activities; which was not due to negligence on the part of the teacher, and by some injury solely attributable to the nature of their duty which has been established by the employer as an Occupational Injury.
The injury giving rise to an application for Occupational Injury Leave must not have been due to any negligence or any act or omission on the part of the teacher and all due procedures and protocols regarding personal safety must have been adhered to.
The granting of Occupational Injury Leave is not an admission of liability on the part of the employer in respect of any civil or legal claims that may be pursued by the injured party and any such leave is granted on a strictly without prejudice basis.
Where a teacher does not qualify for Occupational Injury Leave, the terms and conditions of the Sick Leave Scheme may apply.
Eligibility for Occupational Injury Leave
A teacher is eligible to be considered for Occupational Injury Leave where they are certified as medically unfit for work, the absence immediately follows the accident, and it has been established by the employer as an Occupational Injury.
The absence from work must be medically certified prior to the application for Occupational Injury Leave.
Entitlement to Occupational Injury Leave
Subject to the terms and conditions of the Occupational Injury Leave Scheme, a teacher may be granted paid leave up to the following limits:
• Maximum of 3 months (92 days) full pay in a rolling 4 year period.
In exceptional circumstances, such as where a significant period of absence or hospitalisation is required following an injury or where there is a subsequent injury in the rolling 4 year period, Occupational Injury Leave may be extended, subject to approval by the employer.
A teacher may be granted extended Occupational Injury Leave up to the following limits:
• Maximum of 3 months (91 days) on full pay, subject to an overall limit of 6 months (183 days) in a rolling 4 year period.
The period of Occupational Injury Leave includes weekends, school closures, and days on which a teacher is not timetabled for attendance (e.g. job sharers), occurring within the period of absence.
A teacher who has exhausted the maximum period of paid leave under the Occupational Injury Leave scheme and who is still medically unfit to resume duty may avail of Sick Leave under the Sick Leave scheme, subject to the normal rules of that scheme.
The period of Occupational Injury Leave will terminate:
• on the date of medical fitness to return to work (as per the medical certificate for the physical injury); or
• on the date of medical fitness to return to work by OHS; or
• when the leave with pay limits under the Occupational Injury Leave Scheme are exhausted.
A teacher who returns to work after a period of Occupational Injury Leave, cannot subsequently be granted Occupational Injury Leave in respect of the same injury.
Where a teacher has already availed of Occupational Injury Leave, there will be no entitlement to leave under the Leave of Absence following an Assault Scheme for the same accident/injury.
Absences relating to injuries suffered while travelling to or from the workplace are not eligible to be considered under this scheme unless they relate to the actual discharge of the teacher’s duties (including approved school activities).
Referral to the OHS
A teacher who is absent on Occupational Injury Leave for 4 weeks (28 days) continuous or cumulative in a 12-month rolling period of teaching service, must be referred to the OHS.
The teacher is required to cooperate and engage with the OHS.
Where a teacher has a continuous absence of 4 weeks (28 days) or more, they must be certified medically fit to return to work by the OHS
Application Procedures
Application for Occupational Injury Leave should be made by the teacher to their employer (or on the relevant ETB system, where applicable) as soon as possible, but no later than one week (7 calendar days) of the injury occurring, using the Application Form at Appendix A of Circular letter 0013/2025.
Where a teacher is employed by an ETB, there may be an online facility to make an application for Occupational Injury Leave, rather than completion of the Application Form at Appendix A of Circular letter 0013/2025.
Where in exceptional circumstances, a teacher is unable to complete their part of the application within one week of the injury due to physical incapacity, this period may be extended at the discretion of the employer, but not beyond one month. The teacher must provide their employer with the reason(s) for the initial application delay, at the time of application. This reason(s) will be considered by the employer as part of their decision to approve or refuse the application for Occupational Injury Leave. Whilst the employer is awaiting the teacher’s leave application, the terms and conditions of the Sick Leave Scheme may apply.
Where an extension of Occupational Injury Leave is required, the teacher must complete the Application Form at Appendix A of Circular letter 0013/2025 (or on the relevant ETB system, where applicable).
It is the responsibility of the employer to determine, having considered the completed Application Form and the medical certification provided, whether:
(i) the injury meets the criteria for the Occupational Injury Leave Scheme,
(ii) the eligibility criteria of Circular Letter 0013/2025 are met and
(iii) the period of Occupational Injury Leave can be granted.
It is the ultimate responsibility of the employer to ensure they are fully satisfied with the information provided in the teacher’s Application Form, including the medical certification.
Applications for Occupational Injury Leave must only be granted by the employer where they meet the terms and conditions of Circular letter 0013/2025.
The employer must inform the teacher in writing if the application for Occupational Injury Leave is being granted or refused, within two weeks (14 calendar days) of the application being received.
Where an application is refused, the reasons for refusal must be set out clearly for the teacher.
The decision of the employer is final.
Pay Arrangements and Illness/Injury Benefit
A teacher absent on Occupational Injury Leave may be entitled to claim Illness/Injury Benefit from the DSP, depending on their PRSI contributions.
The Paymaster will apply a salary deduction, equivalent to the teacher’s Illness/Injury Benefit rate.
It is the responsibility of the teacher to ensure they have claimed the Illness/Injury Benefit directly from DSP to compensate for this deduction.
A teacher must submit the letter received from DSP showing the rate which has been awarded or the refusal of illness/injury benefit through the Customer Query Form Online or to the relevant ETB where they are employed in an ETB school.
For full details on the Occupational Injury Leave Scheme for Registered Teachers employed in Recognised Post Primary Schools please refer to Circular letter 0013/2025.