News Vol.41 / no.3 november/december 2018 - Teachers' Union of Ireland
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new s teachers’ union of ireland / AONTAS MúiNTeOirí éireANN Vo l.4 1 / no.3 nove m b e r /de c e m b e r 2 0 1 8
tui neWs contents: p.3 A Word From The President p.4 ‘New entrant’ salary scale measure ballot and ongoing pay equality campaign p.6 recruitment and retention crisis in schools p.8 housing crisis inflicting serious damage on education system p.9 TUi in joint call on higher education funding p.10 Maternity Leave – your questions answered p.14 Leave entitlements checklist p.16 OeCD report highlights iNTO PreSiDeNT JOe KiLLeeN, ASTi PreSiDeNT BreDA LyNCh AND TUi dismal irish investment in PreSiDeNT SeAMUS LAhArT AT A reCeNT MeeTiNG. education p.22 Annual Congress 2018 Check out the new TUI website at p.24 Lobbying by Branches www.tui.ie p.26 Payment for Locally Devised Assessments (LDAs) – an update p.27 rMA News p.28 Crossword eDiTOriAL PrODUCTiON Annette Dolan Bernie ruane TUi News is published by the Deputy General Secretary Assistant General Secretary Teachers’ Union of ireland. adolan@tui.ie bruane@tui.ie Aontas Múinteoirí éireann, 73 Orwell road, rathgar, Dublin 6. Declan Glynn Joanne irwin Seamus Lahart Assistant General Secretary Assistant General Secretary President dglynn@tui.ie jirwin@tui.ie T: 01-492 2588 F: 01-492 2953 president@tui.ie e: tui@tui.ie W: www.tui.ie Aidan Kenny David Duffy Martin Marjarom Assistant General Secretary education & research Officer Printed by: Vice-President akenny@tui.ie dduffy@tui.ie Typecraft Ltd. vicepresident@tuimail.ie Michael Gillespie Nadia Johnston Assistant General Secretary Administrative Officer John MacGabhann mgillespie@tui.ie njohnston@tui.ie General Secretary jmacgabhann@tui.ie Colm Kelly Conor Griffin Assistant General Secretary Press & information Officer ckelly@tui.ie cgriffin@tui.ie 2 november/december 2018 - TUi NeWS
A Word from the President – Seamus Lahart on their increment date, but ultimately ‘Woefully inadequate’ all new and recent members will benefit. additional funding for Members will no doubt be aware that third level iNTO members rejected the measure in The additional €57m in current funding a national ballot. At the time of writing, announced for higher education in ASTi members are being balloted on the Budget 2019 is woefully inadequate and same measure. irrespective of ballot will do very little to boost a sector that outcomes, representatives from all has been devastated by steep funding teacher unions are in regular contact and cuts. The failure of Government over TUi PreSiDeNT, SeAMUS LAhArT every effort will be made to liaise in the successive years to make the necessary ongoing fight to eliminate pay investment has had an extremely Members accept pay discrimination. it is clear that a joint damaging effect on the working proposal in ballot – campaign by the three teacher unions, conditions of academic staff, on student working together, is the best way of experience and on the positioning of campaign for pay eliminating the injustice of pay inequality. irish institutions in international rankings. equality continues Denial of the oxygen of public in this regard, it is important to note investment is choking the life of a prime in October, TUi members accepted a that TUi still holds a mandate for national asset. proposal to remove points 4 and 8 from an organisation built on industrial action, up to including strike post-1st January 2011 scales in the action, on this issue. This mandate was context of the Union’s ongoing campaign to eliminate pay inequality. The measure comprehensively delivered by members democracy last year and can be activated by the With the end of yet another calendar was accepted in a national ballot by a Union if and when it deems it year already in sight, it is worth margin of 53% to 47%. appropriate do to so. reminding members of the vital in announcing the ballot result, TUi made importance of playing an active part in Keep an eye on the Union’s various TUi. The Union is not a bricks and clear that this measure does not deliver communications channels for updates on mortar headquarters, it is you and your pay equality. in addition, it was stated on this campaign. colleagues and 17,000+ other teachers numerous occasions that it will have international report little impact on the continuing, and lecturers around the country in an organisation built on democracy. endorses work of widespread crisis of recruitment and retention in schools all over the country, regardless of your grade and career from Dublin to Galway and from teachers and lecturers stage, your input is always of critical Donegal to Cork. importance. if you have strong feelings The latest OeCD indicators illustrate on any aspect of the Union’s policies, alarmingly low levels of investment in the The new measure, which will be attend your Branch’s meetings and make irish education system. ireland was implemented on 1st March 2019, will these feelings clear. Branches submit ranked joint last of 33 countries in terms allow new and recent entrants to motions to TUi’s Annual Congress, which of GDP invested in the education progress up the scale quicker. Those who sets the national priorities of the Union. system. The report also makes clear that have suffered from pay discrimination for help to shape the priorities of TUi as it is the most vulnerable in society who the longest period of time (i.e those the Union campaigns on existing and suffer when education budgets are cut who entered the profession in 2011 and ever-arising new challenges, some of or neglected to stagnate. in other the years immediately afterwards) will which may threaten terms and findings, irish teachers continue to have stand to benefit first from the measure’s conditions of employment. United we more teaching hours than their gains by ‘jumping’ to higher salary points are stronger. counterparts, while the ratio of third level students to academic staff in ireland is high above both european and OeCD norms. www.tui.ie - TUi NeWS 3
tui neWs Members vote to accept proposal on ‘new entrant’ salary scales in context of union’s ongoing campaign in a national ballot in October, TUi members Which grades of tui members will benefit voted to accept a proposal on ‘new entrant’ Where can i see how the salary scale issues by a margin of 53% to 47% in the context of the union’s ongoing from this measure? campaign for pay equality. in accepting the proposal, members took the pragmatic view TUi members in the following grades who measure will benefit me? commenced employment on or after 1st Detailed examples of how the measure that it represented another step in the January 2011 will benefit: benefits members depending on grade and campaign for pay equality, in that the measure date of commencement of employment were will allow new and recent entrants to ■ Teachers provided in the TUi News ballot special (Vol progress up the scale quicker. ■ Assistant Lecturers 41 No 2). These can also be downloaded ■ youthreach resource Persons from the TUi website. however, the TUi is very clear that, of itself, What about the union’s this measure does not deliver pay equality, ■ BTei Adult educators will have little impact on the deepening crisis mandate for industrial ■ Adult Guidance Counsellor/Co- of recruitment and retention in irish schools Ordinators action on new entrant and that the union’s campaign will continue until this pay equality is achieved. ■ Adult Literacy Organisers There is no such thing as partial pay equality ■ Community education Facilitators pay? TUi members chose to reject the proposed What will members gain and the continuing injustice of discrimination against new and recent entrants to teaching Public Service Stability Agreement (PSSA) in a from this measure? remains to be comprehensively addressed. national ballot in September 2017 as it failed to provide a fair and sustainable resolution to From 1st March 2019, two scale points pay inequality. in a simultaneous ballot, Moreover, because the degree of (4 and 8) will be removed from the various members voted to provide a mandate for discrimination is most significant in the initial post-1st January 2011 ‘new entrant’ scales, industrial action as directed by the executive years of employment as a teacher, the crisis meaning that new and recent entrants will Committee. of teacher recruitment and retention will remain and almost certainly worsen in the progress up the scale more quickly. coming years. This mandate can still be activated by the Union if and when it sees fit to do so. What has been achieved for new and recent entrants since the imposition (in 2011 and 2012) of discriminatory salary scales? november 2013 principally new entrant pay. TUi secured suffered the imposition of discriminatory in negotiations that led to the haddington negotiations with Government. As a result pay scales will benefit soonest. road Agreement (hrA), teacher unions of this, TUi secured, with iNTO, an agreement to incorporate the value of the For example, a teacher who commenced on secured improved salary scales for post 1st honours Primary Degree Allowance 1st September 2011 is currently on point 7. January 2011 and post 1st February 2012 (€4,918) into a revised salary scale for On 1st March 2019 (increment date) that entrants. those appointed on or after 1st January teacher will move three incremental points Under the hrA, implementation of the 2011. The first half of the value of the to point 10 (encompassing the normal Ward report reduced the qualifying period allowance was added on 1st January 2017, incremental move of one point and a two for a Contract of indefinite Duration (CiD) with the second half of the value of the point ‘jump’ because of new measure). This allowance being added on 1st January 2018 is an increase of €4,956 in salary, of which from four years to two years. €3,466 is attributable to the removal of the september 2016 october 2018 two points. Following its rejection of the Lansdowne From 1st March 2019, two scale points (4 (Full details of how and when the measure road Agreement (LrA), the TUi balloted for and 8) will be removed from the various will benefit new and recent entrants and commenced a campaign of industrial post-1st January 2011 ‘new entrant’ scales, depending on year of entry are available in action on issues not covered by the LrA, meaning that new entrants will progress up TUi News special Vol 41/No 2 and also on the scale quicker. Those who have longest the TUi website). 4 november/december 2018 - TUi NeWS
tui neWs Joint campaign Processes to deal with the by the teacher outstanding issues – the unions - what’s h.dip. allowance and the current entry point on scale position? h. dip./PMe allowance Contrary to what some commentary suggests, The TUi brought the matter of the (higher Diploma in education) h.Dip./PMe the joint campaign envisaged by the unions has allowance to the Teachers’ Conciliation Council (TCC)in October 2016 and in not been set aside by recent developments. spring 2017 submitted a paper setting out in detail the Union’s position. in Such complication as there is results from the discussion of the issue at the Council, the Department of Public expenditure fact that different procedures and timelines and reform (DPer) offered the view that it could be encompassed by the talks apply in each union. under Section 4 of the PSSA. None of the three unions has repudiated the When the TUi raised the issue at those talks the DPer representatives advised PSSA. All are currently regarded as that they did not have a remit to build a costing for restoration of the encompassed by that agreement. h.Dip./PMe allowance into the proposal (that was published on 24th September). The TUi has accepted the proposed measure on new entrant pay on the basis that it At the most recent meeting of the Teachers’ Conciliation Council, it was represents a move forward in the context of acknowledged by the DeS that the Section 4 talks had not encompassed the the Union’s ongoing campaign for pay equality. it matter of the allowance and that it could now be considered as a claim by the is a road-sign, not a destination. The Council. unambiguous message to members in the TUi News Ballot Special (October 2018) was that, The TUi is updating its earlier submission to take account of recent regardless of the outcome of the ballot, developments, including government-endorsed proposals to enhance certain whether accepted or not accepted, “the Union’s allowance arrangements in the health sector of the public service. initial Placement on the incremental scale ongoing campaign will continue until pay equality is delivered”. Moreover, the TUi has a mandate for industrial action. in late 2017, the TUi and our sister teacher unions made a joint submission to The processes of the other union are ongoing. the Public Service Pay Commission (PSPC) in relation to recruitment and While the iNTO by ballot decided not to retention issues in the education sector, most particularly in relation to accept the proposed measure in regard to new teachers. The PSPC was tasked by government with reporting on the health entrant pay, it does not yet have a mandate for sector in the first instance. This it did in September 2018. The TUi will be industrial action and would have to ballot pressing for completion of the Commission’s consideration of the education members for such a mandate. The ASTi is sector as a matter of urgency, given the recruitment and retention crisis, the currently balloting its members on the existence and severity of which is now frankly recognised by all relevant parties. proposed measure. it too may hold a subsequent ballot in order to seek a mandate in the submission to the Commission, the unions made the point that for industrial action. elimination of incremental recognition for the period of unpaid, pre-service training has had a seriously detrimental impact on the attractiveness of teaching Once these processes conclude, the potential as a profession and have sought re-instatement of initial placement on the third for a campaign of co-ordinated action will have point of scale for teachers. been clarified. For its part, the TUi is entirely committed to remaining differentials securing pay equality and will, insofar as The elimination of the remaining differentials between the early points of the possible, pursue that objective in a joint new entrant scales and the pre-2011 scales has also been identified by the TUi campaign with our colleagues in ASTi and as a matter that needs to be resolved. Unlike the h.Dip. allowance and initial iNTO. placement on the incremental scale, this is a matter that is cross-sectoral and that can be effectively addressed only on a public service-wide basis. www.tui.ie - TUi NeWS 5
tui neWs ‘In desperation, a school in Dublin offers free accommodation to any Home Economics teacher but still can’t source one’ recruitment and retention crisis in schools remains to be addressed TUi PreSiDeNT, SeAMUS LAhArT We hear the stories every day: a school in Limerick can’t get a Physics teacher; a school in Cork can’t get a Maths teacher; a Chemistry teacher leaves a Kildare school for a better option in the pharmaceutical industry. in desperation, a school in Dublin offers free accommodation to any home economics teacher but still can’t source one. in desperation, a school in Dublin offers free accommodation to any home economics teacher but still can’t source one. While the proposal on new entrant pay announced this week represents further movement, it won’t of itself deliver pay equality. And because the most significant difference in salary scales for those appointed on or after 1st January 2011 will still be in the initial career stage, the crisis of teacher recruitment and retention will remain and possibly worsen in the coming years. it should now be clear to all concerned that, until this injustice is comprehensively addressed, graduates will vote with their feet and schools will continue to struggle – and in some cases fail - to recruit and retain suitably qualified teachers across a range of subjects. in smaller schools. that a spell teaching in the Middle east has come to be seen as a necessity for young in many instances, extortionate So is it a crisis? Surely it must be when teachers seeking to scrape together a accommodation costs in cities and large parents see the range of optional subjects deposit for a mortgage. We are exporting towns are resulting in teachers choosing decrease in their children’s schools. even one of our best resources. to seek opportunities elsewhere. A allowing for an element of flux at the start technology teacher i spoke to earlier this of any school year, recruitment problems What is of even greater concern is that month left a full-time post in Dublin to are evident both across the country and those who might once have considered take up a contract of part-time hours in a across a broad range of subjects including, teaching or have qualified as teachers are school nearer his family home in Tipperary. but not limited to, Modern Languages, simply choosing to work in other he had done the maths, and the switch Mathematics, Science, irish, home professions. For example, large numbers from his city apartment back to his economics and the technologies. By their of home economics graduates are childhood bedroom left him with a higher very nature, schools are innovative and headhunted by private industry in the disposable income and a better chance of will do everything they can to provide the agri-food area before they ever stand in saving even a meagre amount each month. full range of subjects, but it is becoming front of a class, receiving better salaries however, this is only one factor, as we increasingly difficult to do so, given the and job security from the commencement have also had reports from rural areas that absolute shortage of qualified teachers in of their careers in industry. similar recruitment issues are arising there, certain areas. Meanwhile, there has been a fall of over often because part-time contracts are all it is an indictment of the current system 50% in the numbers applying for places on that are on offer in particular subject areas 6 november/december 2018 - TUi NeWS
tui neWs the Professional Master of education attempting to make ends meet, often survey, 52% said that they would not advise (PMe) postgraduate teacher education relying on family to supplement income. i a younger relative to pursue the profession courses between 2011 and 2018. it is no know of teachers who struggle to get by of teaching. coincidence that this comes at a time on contracts of just four or six hours a when the hDip allowance, formerly week. A TUi survey earlier this year found This crisis in recruitment and retention is payable to holders of the qualification, was that just 22% of new entrants to teaching damaging to students, schools and to the withheld for new entrants, as was a received a contract for full hours in their thousands of young teachers that we lose starting point on the scale that recognised first year of teaching. The stark effect is to other jurisdictions or other forms of the training period. that four out of every five new teachers at employment. Until full pay equality and full- second level earn just a fraction of the time hours are delivered, these problems Another significant factor is that it is a starting salary. Moreover, they get their will endure, and everybody will suffer. rarity that a second level teacher earns a first teaching post at an average age of 26, ‘full’ salary from the get-go. The great This article by TUI President Seamus Lahart was often saddled with debt after six years of majority start with part-time hours and study. Strikingly and worryingly, in the same originally published on thejournal.ie tui in the media A sample of recent issues addressed by TUI in the national media teacher supply action Plan said with better employment options oecd education at a Glance The Teachers’ Union of ireland (TUi) said available elsewhere, graduates will vote report the plan does not address the root causes with their feet and schools will continue TUi President Seamus Lahart said failure of the current crisis in irish schools, which to struggle to recruit and retain suitably to invest in education is an attack on the it says are pay inequality, the continuing qualified teachers across a range of most vulnerable. he said the report made casualisation of the profession and absence subjects. The union said its campaign will clear that it was those from disadvantaged of promotional opportunities. continue until pay equality is achieved. - backgrounds who suffered most from flat- RTE 26/10/18 lining or declining education budgets. “The TUi president Seamus Lahart said: “Any failure of successive irish governments to merit that the proposals may have is third level funding crisis invest appropriately in irish education is a greatly diluted by the failure to The availability of college places for today’s sustained attack on the most vulnerable in supplement them with substantive first-class pupils is at risk unless there is communities across the country. measures that tackle the real issues. This urgent Government action on funding, it investment in education pays huge means that the action plan is little more has been warned in an unprecedented, dividends to society in terms of increased than a list of ‘sticking plaster’ measures.” unified statement by third-level leaders, tax and social contributions and to the staff and students. it was issued by the individual in terms of better life he said teacher recruitment problems are irish Universities Association, Technological prospects,” he said. - Irish Independent likely to worsen in the coming years over higher education Association 11/9/18 pay inequality, “because the discrimination (representing institutes of technology), is most significant in the initial years of Union of Students in ireland, and academic ‘sticking-plaster’ measures won’t employment as a teacher.” - Irish staff unions, the irish Federation of resolve recruitment and retention Examiner 9/11/18 University Teachers and Teachers’ Union of issues ireland. - Irish Examiner 27/9/18 ‘As with previous sticking-plaster national ballot result – campaign measures, the proposal to introduce to continue Proposal on new entrant pay quotas on certain teacher training areas TUi president Seamus Lahart said ‘The TUi’s concern about the crisis of seeks to tackle the symptoms rather than members had decided “that this proposal teacher recruitment and retention curing the disease of the current crisis of represents another step in the campaign remains,” it said. “As a result, schools will recruitment and retention. Schools are for pay equality. The measure will allow continue to struggle – and in some cases innovative and will do everything they can new and recent entrants to progress up fail - to recruit and retain suitably qualified to provide the full range of subjects, but it the scale quicker. however, it does not teachers across a range of subjects.” - is becoming increasingly difficult to do so. secure pay equality.’ - Irish Newstalk, 24/9/18 in many instances, spiralling Independent 26/10/18 accommodation costs in urban areas are TUi member David Waters and TUi “There is no such thing as partial pay resulting in teachers choosing to seek General Secretary John MacGabhann equality and the continuing injustice of opportunities in other parts of the interviewed on injustice of discriminatory discrimination against new and recent country. however, this is only one factor, pay on RTE's Six One News 24/9/18 entrants to teaching remains to be as we have also had reports from rural comprehensively addressed.” Mr Lahart areas that similar recruitment issues are arising there.’ - TUI President Seamus Lahart, Irish Times Letters 6/9/18 www.tui.ie - TUi NeWS 7
tui neWs housing crisis having a hugely damaging effect on education On 3rd October, TUi joined other trade unions, political parties, students' unions, housing agencies and community and campaign groups in a rally outside Leinster house to demand action on the housing crisis. The crisis is having a devastating impact on the educational aspirations of a growing number of families, with the unacceptable situation of children living and studying in unsuitable, emergency accommodation, often located at significant distances from their schools. in addition, new and recently qualified teachers are being priced out of the rental market in urban centres, while in the current climate, the first rung SOMe OF TUi DeLeGATiON AT rAiSe The rOOF DeMONSTrATiON on the property ladder is nowhere within grasping distance for most. Clearly, this is a key factor in the recruitment and retention crisis afflicting schools around the country. Government must, as a matter of extreme urgency, invest in and implement an extensive programme for the provision of social and affordable housing. The ideologically blinkered approach of looking to the private sector is exacerbating the crisis. Therefore, rather than relying excessively on a self- interested private sector – an approach that has manifestly failed - government must re- instate the local authorities as providers of such housing and release the necessary funding. rAiSe The rOOF DeMONSTrATiON 8 november/december 2018 - TUi NeWS
tui neWs tui in joint call for Government to address higher education funding crisis Students and staff unions join with third-level representative bodies to demand government response in an unprecedented move, unions John MacGabhann, General Secretary of TUi described the additional €57m in representing students and teaching staff TUi said that the failure by government to current funding announced for higher have joined forces with the representative prioritise investment in higher education education in Budget 2019 as being ‘woefully bodies of universities and institutes of ‘has significantly diminished the quality of inadequate’, stating that denial of the technology to call on the government to the student experience and is causing oxygen of public investment is choking the respond to the growing crisis in higher reputational injury to the nation’s higher life of a prime national asset. education funding. The TUi, the irish education institutions.’ University Association (iUA), The Technological higher education Association (TheA), Union of Students in ireland (USi) and irish Federation of University Teachers (iFUT) united in their demands. in a joint statement the group said: “This is the first time that students and staff unions and advocacy bodies representing the higher education institutions have come together to call collectively for action. Government clearly knows what the problem is; now, they need to start fixing it. if urgent action is not taken, there’s a real risk that today’s 7 and 8-year old primary school students will not have sufficient college places available to them in 2030 when the demographic bulge peaks with an additional 40,000 students seeking to access third level.” Professional Cert/Diploma In Special & Inclusive Education Part time Online Specialist Award Enabling educators to develop knowledge, skills and competencies in key areas of inclusive and special educational provision and planning at school and class level. National Framework of Qualifications Level 9 Course Code: DC 84 +353 1 6510 618 @ +353 1 884 2042 @ / / www.tui.ie - TUi NeWS 9
tui neWs Maternity leave – your questions answered how much maternity informed and the maternity leave will be The applicant is responsible for completion leave am i entitled to? extended to ensure that 4 weeks maternity of the form and should ensure that the leave are taken following the birth. school/eTB completes the employer’s Teachers are entitled to 26 weeks maternity portion before forwarding to the leave and 16 weeks additional unpaid can i take unpaid leave Department of employment Affairs and following maternity maternity leave. Social Protection at least 6 weeks prior to When does maternity leave? the start date. The form should NOT be sent to the Department of education and leave start? Commencing on the day immediately Skills. how will i be paid during Maternity leave will ordinarily begin on such following completion of maternity leave, a teacher has the option to take a maximum maternity leave? day as the pregnant teacher selects, unless medically certified that the leave should of 16 consecutive weeks statutory commence on a particular date. however, additional unpaid maternity leave. Continuation of salary during maternity can i take unpaid leave the commencement date must not be later leave is not a statutory entitlement and is than 2 weeks before the end of the week of to the end of the school contingent upon compliance with the the baby’s expected birth and four weeks agreed terms and conditions of this scheme. must be taken after the end of the week of the baby’s birth. For these purposes, year? Under the Department of employment Saturday is regarded as the end of a week. On completion of maternity leave and Affairs and Social Protection regulations any statutory additional unpaid maternity leave, Maternity Benefit payable by the Teachers may also take cognisance of the a teacher may apply for non-statutory Department of employment Affairs and Department of employment Affairs and additional unpaid maternity leave to the end Social Protection to PrSi contributors at Social Protection rules whereby eligibility of the school year. the full rate (Class A), will issue directly to for maternity benefit does not normally the teacher in question. A deduction from commence until the 24th week of in the context of this leave the end of the salary equivalent to the maximum weekly pregnancy and ends when maternity leave school year is taken to mean August 31st. rate of Maternity Benefit payable to the ceases. For example, if all the other leave types teacher will initially be applied by the referred to above were to expire by May What happens if i give Department/eTB. 4th, and the teacher in question wished to birth before i have remain out of school for the rest of the Under the Department of employment school year, rather than return for a short commenced maternity Affairs and Social Protection regulations, period, then the non-statutory additional PrSi contributors at the modified rate leave? unpaid leave must continue until August (Class D) have no entitlement to Maternity 31st inclusive. Benefit. Therefore no deduction is applied if the birth occurs in a week before a teacher has commenced her maternity to their salary and they remain on their This leave type is not a statutory leave then the maternity leave must ordinary rate of pay. entitlement and it is subject to obtaining commence immediately and the employer written sanction from the employer at least if the amount of benefit payable to the must be informed. six weeks in advance of an intention to avail teacher is less than the maximum, or if a What happens if i give of this leave. person is not entitled to any Maternity birth after the expected When should i apply for Benefit, they should notify their payroll section immediately to ensure that the date and there are less maternity leave? salary adjustments are correct. Changes to than 4 weeks maternity Application for maternity leave, both paid the automatic deduction can be made provided the teacher furnishes a copy of leave remaining? and unpaid, should be made by teachers to their employer at least 6 weeks in advance the Department of employment Affairs and if the birth occurs after the expected date of commencement of the leave. Application Social Protection’s written notice of the and there are less than 4 weeks of should be made on the prescribed actual Benefit rate applicable, if any, to the maternity leave remaining, then the application form - available from the relevant employer/payroll section. employer/Department of employment Department of education website. Maternity Benefit payment will be treated Affairs and Social Protection must be as taxable income. 10 november/december 2018 - TUi NeWS
tui neWs am i entitled to time off for ante-natal care appointments, post- natal care appointments and attendance at ante- natal classes. Pregnant teachers are entitled to time off work, without loss of pay, to: (a) attend medical appointments related to ante-natal care, (b) attend one set of ante-natal classes in a working career, other than the last 3 classes in such a set, and (c) attend medical appointments related to post-natal care within 14 weeks of the birth. if a pregnant teacher misses particular ante- natal classes in a set then it is permitted that during a subsequent pregnancy, or pregnancies, she may attend classes equivalent to those missed. An expectant father is entitled to time off work, without loss of pay, to attend the last Where a risk has been identified and it is health and Safety Leave will cease when: two ante-natal classes in a set attended by not possible to remove it, protective and the pregnant mother. preventive measures should be taken to (a) the teacher concerned commences safeguard the health of any teacher to maternity leave, or Two weeks’ notice should be given for each whom the provisions apply, such as: absence referred to in this section and (b) the teacher is no longer an employee appropriate certification provided. (a) a temporary adjustment in the working environment of the teacher concerned (c) the risk ceases health and safety of can i postpone my leave so that exposure to the risk is avoided, pregnant, post-natal, or entitlements in the and breastfeeding event of hospitalisation (b) in the event that such adjustment is not teachers possible, by moving the teacher to The Safety, health, and Welfare at Work Act suitable alternative work which does of my child not entail the risk, or 2005 and the Safety, health and Welfare at in the event of the hospitalisation of the Work (General Application) regulations child, a request may be made to the (c) in the event that such alternative work 2007 (S.i. No. 299 of 2007) place an employer for postponement of maternity is not available, and having consulted obligation on the employer, as soon as it is leave or statutory additional unpaid with and received certification from the notified by the teacher that she is pregnant, Maternity Leave Occupational health Service (OhS), by to assess any specific risk in the workplace granting the teacher health and safety to that teacher and to ensure that the leave. The teacher is entitled to receive, ■ Maternity Leave can only be postponed pregnant, post-natal, or breastfeeding on request, a certificate stating the after at least 14 weeks of the leave has teacher is not exposed to any agents, reasons why she has been granted expired, 4 weeks of which must have processes or working conditions that will leave. The certificate must also state been taken after the week of the child’s damage either the safety or health of the the start date and expected end date of pregnant teacher and/or that of the birth. Postponement of the leave will the leave. Maternity related health & developing child. Safety Leave can be granted in respect require the absent teacher to resume of more than one period, provided the duties in the school during the period of The teacher should be informed of the conditions outlined in 9.1 and 9.2 postponement. results of the risk assessment and the above are fulfilled for each such period measures to be taken. concerned. ■ An application for postponement must www.tui.ie - TUi NeWS 11
tui neWs be made in writing to the employer, i am a fixed term/fixed am i entitled to accompanied by certification from the Purpose teacher can i breastfeeding breaks in avail of maternity leave? my school? hospital in which the child is hospitalised. The employer must notify A teacher who is on a fixed term/fixed yes. Following representations by the the teacher in writing as soon as purpose contract of employment shall have TUi (and the other teacher unions) at possible of its decision. if the leave is full maternity leave entitlements during the the Teachers’ Conciliation Council, the postponed, the employer and the term of the contract. The granting or taking provision for breastfeeding breaks has teacher must agree the date of return of maternity leave entitlements should not significantly increased. to work. affect a fixed term/fixed purpose appointment or the renewing of such an Within a 104 week period after the ■ The Department/eTB, and the appointment. birth of the child, a teacher who has Department of employment Affairs and returned to work may avail of Maternity related entitlements shall cease breastfeeding breaks, without loss of pay, Social Protection must be notified on expiry of the contract unless that for up to one hour per day for the immediately if the teacher is to return contract is followed directly by a ‘back to purpose of breastfeeding or lactation. to work in order to facilitate pay back’ contract in an approved teaching post adjustment and cease any benefit from funded by monies provided by the A teacher who qualifies for this the Department of employment Affairs Oireachtas. provision must notify her employer in if i am on maternity and Social Protection. writing of her intention to avail of such breaks at least four weeks in advance. A ■ The postponed leave must be taken in leave should i be copy of the birth certificate of the child notified of any posts of one continuous period commencing not must be submitted with the application for breastfeeding breaks. responsibility that may later than 7 days after the discharge of arise in my school? the child from hospital. The maximum ■ Breastfeeding breaks may be taken in period for postponement of the leave is the form of: 6 months. yes, you are entitled to be notified. a) one break of 60 minutes, or am i entitled to work b) two breaks of 30 minutes each, or ■ The teacher must provide the employer during maternity leave? c) three breaks of 20 minutes each with a letter or other appropriate ■ The pattern of breastfeeding breaks document from the hospital, or the Teachers are not permitted to engage in should be agreed following child’s doctor, confirming the child’s any paid employment during the course of consultation between the employer discharge date. their maternity leave. Under the and the teacher. employers should Department of employment Affairs and ■ if the teacher becomes ill having Social Protection regulations, Maternity take reasonable measures to returned to work and before he/she has Benefit may be terminated in the event that facilitate the pattern of breastfeeding paid employment is taken up while on breaks as requested, while having taken the postponed leave, he/she will maternity leave. Any salary payment from due regard to the welfare and be considered to have started the the Department/eTB may have to be postponed leave on the first day of educational needs of pupils. reviewed in the event of termination of absence due to illness unless the Maternity Benefit arising from non- ■ A teacher on less than full hours may teacher notifies the employer that compliance with the terms of the avail of breastfeeding breaks on a Department of employment Affairs and he/she does not wish to begin the pro- rata basis. Social Protection scheme. postponed leave. if this happens he/she am i entitled to days in will forfeit the postponed leave and the A teacher availing of breastfeeding lieu for days of breaks who ceases to breastfeed should absence will be treated as Sick Leave. notify her employer in writing as soon as maternity leave that The normal procedures in relation to possible. clash with holidays? Sick Leave should then be followed, including the furnishing of a medical Substitute cover for breastfeeding breaks is certificate where appropriate. entitlement to days in lieu was effectively not paid by the Department. At post eliminated as a result of a budgetary primary level, the breaks should be covered measure that became effective in 2013. through the Supervision and Substitution Scheme. 12 november/december 2018 - TUi NeWS
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leave entitlem tui neWs faMily leaVe Purpose Paid Maximum Period force MaJeure Urgent tending to an ill person yes A maximum of three days in each for whom you have caring period of 12 months or five days responsibilities, including in 36 months accompanying to the hospital in emergency situations . faMily BereaVeMent Leave related to bereavement yes 5 days in the case of a spouse, child or parent; 3 days in the case of a brother, sister, grand-parent, aunt, uncle or parent-in-law. MarriaGe leaVe Member’s own wedding and days yes 7 consecutive calendar days either side (if workplace is open) (including the date of the marriage) adoPtiVe leaVe To allow adopting member a yes 24 consecutive weeks (& option period of time upon placement of of additional unpaid leave) adopted child Paternity leaVe Caring responsibilities soon after yes 2 weeks within 6 months of birth the birth or placement of a child Parental leaVe Care of Children under 13 and No 18 weeks per child children with Special educational Needs under 16 Maternity leaVe Birth and early Care yes 26 consecutive weeks (& option of additional unpaid leave) carer’s leaVe Care for person medically No 104 weeks (in respect of one certified as in need of care relevant person) career Break Break from normal duties for the No Minimum 1 year duration, purpose of caring, study, travel maximum of 10 school years in a etc. career. Maximum of 5 years consecutively. A separate application is required in respect of each year. JoB-sharinG Work flexibility for family or yes Minimum/ Maximum is other reasons Unspecified – A separate application is required in respect of each year Terms & Conditions of employment for registered Teachers in recognised Primary and Post Primary Schools (Web-Book) is available at https://www.education.ie/en/education- Staff/Services/Breaks-Leave/Terms-and-Conditions-of-employment-for-registered-Teachers-in-recognised-Primary-and-Post-Primary-Schools.pdf All Circular Letters are available from tui.ie or education.ie All legislation is available at www.acts.ie 14 november/december 2018 - TUi NeWS
ments checklist tui neWs Paid substitution cover details – teachers details – other etB details – lecturers Grades yes, apart from first day. S&S is Circular Letter 17/99 The TUi is currently negotiating The Parental Leave Acts 1998 used to cover first day. this circular with the DeS. in the and 2006 interim the provisions of the Parental Leave Acts 1998 and 2006 apply yes Circular Letter 19/00 The TUi is currently negotiating As per ioT policy this circular with the DeS. in the interim, custom and practice is to apply the provisions of the teachers’ circular No As per DeS or eTB policy as As per eTB policy As per ioT policy appropriate yes Terms & Conditions of Circular Letter 65/2016 Adoptive Leave Acts 1995 and employment for registered 2005, Circular Letter 22/2013 Teachers in recognised Primary and Post Primary Schools (Web- Book) – Chapter 6 (pg. 53) yes Terms & Conditions of Circular Letter 66/2016 Circular Letter 69/2016 employment for registered Teachers in recognised Primary and Post Primary Schools (Web- Book) – Chapter 5 (pg. 47) Fixed-Term cover for extended Terms & Conditions of The TUi is currently negotiating Parental Leave Acts 1998 and period of parental leave. employment for registered this circular with the DeS. in the 2006 and the european Union Substitution for shorter periods. Teachers in recognised Primary interim, the Parental Leave Acts (Parental Leave) regulations and Post Primary Schools (Web- 1998 and 2006 and the european 2013 (S.i. No. 81 of 2013) Book) – Chapter 7 (pg. 65) Union (Parental Leave) regulations 2013 (S.i. No. 81 of 2013) apply. Fixed-Term cover – specific Terms & Conditions of Circular Letter 80/2015 The Maternity Protection Acts purpose employment for registered 1994 and 2004, Circular Letter Teachers in recognised Primary 22/2013 and Post Primary Schools (Web- Book) – Chapter 4 (pg. 33) Fixed-Term cover for extended Terms & Conditions of Circular Letter 0078/2015 The Carer’s Leave Act 2001 period of carer’s leave. employment for registered Substitution for shorter periods. Teachers in recognised Primary and Post Primary Schools (Web- Book) – Chapter 10 (pg. 91) Fixed Term replacement Terms & Conditions of Circular Letter 0079/2015 As per ioT policy Appointed if school is within employment for registered allocation (may receive a CiD as Teachers in recognised Primary per Ward and Cush reports) and Post Primary Schools (Web- Book) – Chapter 8 (pg. 75) Fixed Term replacement Terms & Conditions of The TUi is currently negotiating As per ioT policy Appointed if school is within employment for registered this circular with the DeS. in the allocation Teachers in recognised Primary interim, custom and practice is to and Post Primary Schools (Web- apply the eTB’s policy Book) – Chapter 9 (pg. 80) www.tui.ie - TUi NeWS 15
tui neWs 16 november/december 2018 - TUi NeWS
tui neWs education for Persons with special educational needs (ePsen) act, 2004 advice to members individual education Plan (ieP) capacity to deliver the level of service promised ■ individual education Plans (iePs) for SeN Preparation of an individual education Plan (ieP) in the ePSeN Act. students for each child with assessed special educational ___________________________ it also applies to any proxy for an ieP, that has needs was a keystone provision of the ePSeN not been the subject of consultation and Act 2004. however, when the Act was TUi members are committed to providing an education of the highest quality to all children, agreement with the Union. in this regard, introduced, the National Council for Special members are advised to advise the Union of any educational Needs (NCSe) accepted the TUi’s irrespective of ability, but are routinely obstructed in their efforts by a post-primary attempt to implement what may, in practical trenchant view that that implementation of iePs terms, be iePs variously styled as would have major resource implications for environment that is chronically and grossly schools. The Government also took account of under-resourced, not least in respect of special ■ individual Learning Plans (iLPs) for SeN this view when deciding (in 2008) not to educational needs. students commence those sections of the ePSeN Act it is the moral and legal responsibility of the ■ individual Action Plans (iAPs) for SeN related to iePs. State, acting through the DeS, to provide the students ■ Student Support Files (SSFs) or Student advice to members resources that will facilitate effective Support Plans (SSPs) for SeN students. The sections of the ePSeN Act that relate to introduction of the requisite range of supports - individual education Plans (iePs) have not yet including iePs - for students with special This list may not be exhaustive. been commenced. As a result, a statutory educational needs. Members should particularly note that the entitlement to an individual education Plan does above advice does not apply to normal, The Union will not countenance an not currently exist and will not exist until the professionally appropriate and sustainable opportunistic transfer of that responsibility (or relevant sections of the Act are commenced by (classroom) planning by teachers for of the associated culpability) from the State to Ministerial order. differentiated teaching and learning that takes teachers. due account of the strengths and needs of the Moreover, until and unless the DeS/Government in this regard, the TUi will oppose, by whatever students they serve and of the contexts in provides the requisite resourcing, particularly means necessary, the imposition of the very which they teach. with regard to time and training, it is neither significant additional workload on teachers, realistic nor manageable to introduce iePs. youthreach centres including principal teachers, that such a transfer Please note that TUi members working in Therefore, in the absence of appropriate of responsibility would involve. The Union will youthreach Centres are also advised not to resourcing, TUi members cannot be required support members in applying this advice. engage in devising or in the implementation of, and should not attempt to implement iePs. ___________________________ individual Learning Plans (iLPs)/individual Action To do so would create the false impression for This advice applies specifically to the generation Plans (iAPs) unless the centre in which they parents/guardians that a school has a developed of: work is in receipt of the dedicated SeNi resourcing. www.tui.ie - TUi NeWS 17
It’s the U and I in UNION that makes us strong. MEMBERSHIP HAS ITS PRIVILEGES Mobile App, Online Account, Online DocuSign for fast eĸcient Eligibility to enter Annual Gaeltacht Electronic Money Transfer loan processing & EducaƟon Scholarships CompeƟƟve Loan & Savings ID Pal App enables you to Family membership Rates send supporƟng membership Life savings documents electronically Payroll DeducƟon & Standing Loan protecƟon Order faciliƟes available Monthly Members Draw Budget & Cash Account Monthly Members Draw - August & September Winners 2018 dhe monthůLJ memďers draǁ ĐonƟnuous to ďe a tremendous suĐĐess. It Đosts Φϱ.ϬϬ per month to take part in the draw and can be deducted from members shares. The grand prize for the months of April September and December will be a car and the prizes for the remaining months are͗ ϭst͗ Φϭ͕ϱϬϬ͕ Ϯnd͗Φϭ͕ϬϬϬ and ϯrd͗ ΦϱϬϬ. Draw results are posted on our website www.tuicu.ie AUGUST WINNERS SEPTEMBER WINNERS 1st Prize €1,500 - Roslyn Flood, Co. Kildare 1st Prize Car - Marion Horan, Dublin 2nd Prize €1,000 - Anna Ryan, Co. Tipperary 2nd Prize €1,500 - Brenda Doran, Dublin Valerie Donnelly, Membership & 3rd Prize € 500 - Michael McKeogh, Dublin 15 3rd Prize €1,000 - Linda Tynan, Co. Laois MarŬeƟnŐ KĸĐer dh/ reĚiƚ hnion 4th Prize €500 - Margaret Byrne, Dublin presenƟnŐ ƚhe Ŭeys ƚo Marion If you are not in you can’t win... Join today. ,oran, DƵblin Download applicaƟon from www.tuicu.ieͬPrize-Draw or call our oĸce on 01 4266060. TUI Credit Union launches Member Driven Technology with leading Irish Fintech company ID Pal Making things simple for you our New Member! >ife is geƫng busier and more demanding for all of us. To help our new members saǀe a liƩle Ɵme in their busing liǀes we haǀe simpliĮed our account opening process. then proǀiding us with the necessary ID documents͕ instead of you haǀing to physically deliǀer it to us either in person or by post͕ you can now upload same using our simple App at a Ɵme and place of your choosing. Kf course͕ you can sƟll proǀide us with sĂůĞƌŝĞŽŶŶĞůůLJ͕DĞŵďĞƌƐŚŝƉΘDĂƌŬĞƟŶŐ documentaƟon in person or by post if you so wish. KĸĐĞƌ͕dh/ƌĞĚŝƚhŶŝŽŶ͕ƌŝĂŶtŝůůŝĂŵ͕ƵƐŝŶĞƐƐ ĞǀĞůŽƉŵĞŶƚDĂŶĂŐĞƌ͕/WĂůĂŶĚWĂƵůZŽĐŚĞ The ThI redit hnion is the Įrst credit union in Ireland to oīer this facility to K͕dh/ƌĞĚŝƚhŶŝŽŶ members. The technology is simple and intuiƟǀe app allowing the capture of ID AM> compliance documents to be uploaded in less than ϯ minutes. EXPLORE YOUR FINANCIAL FUTURE WITH US No 8, The Exchange, Calmount Park, Ballymount, Dublin 12. Tel: 01 4266060 Website www.tuicu.ie Teachers’ Union of Ireland Credit Union is regulated by the Central Bank of Ireland www.tuicu.ie
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tui neWs actionaid speech Writing competition 2019 ActionAid is inviting all young people aged Choice of topics: 14 to 17 years old to enter its national ■ if women had equal access Speech Writing Competition 2019. The to the workforce Speech competition, now in its fifth year, countries would develop aims to engage young people with gender more. equality and global issues, whilst developing ■ Men and boys need to play prize for the two winning students is a trip their public speaking, research skills and a larger part in tackling gender equality to ActionAid in Greece. Closing date for confidence. Students choose one topic from for women. entries is 18 January 2019. The competition the list and write a speech - roughly is funded by irish Aid who fund ActionAid’s between 850 and 1,000 words (no more ■ Gender equality is fundamental for Women’s rights Programme in Kenya, than 10 minutes). every aspect of sustainable ethiopia and Nepal. For more details about development. the competition and how to enter visit eight students will be invited to the national www.actionaid.ie/speech-writing- final in Dublin to deliver their speech in competition. cycle of life: ysi students get creative for front of an esteemed panel of judges. The african farmers every year, thousands of young people from ySi, teams are challenged to not only come young Social innovators currently offers all over ireland are challenged to come up up with creative responses to a real life social innovation programmes for both with innovative solutions to social issues issues but to put their ideas into action and senior and junior cycle participants. facing people and the planet. assess the level of impact achieved. To find out more, and to receive your free The issues are youth-led and the innovative Students develop key 21st century skills and Guide to Social innovation education, call responses develop out of a structured important social and interpersonal skills 01 645 8030, email programme that covers concepts such as that complement the formal curriculum and educate@youngsocialinnovators.ie or visit human-centred design, design for all of this is done through engaging in youngsocialinnovators.ie sustainable living and the integration of community and social justice issues in fun Science, Technology, engineering, Art and and creative ways. Mathematics (STeAM) into suggested solutions. Portmarnock Community School has a longstanding relationship with the Kingdom of Lesotho in Africa and the Dublin students have previously worked on a successful humanitarian mapping project for this small, landlocked country. Last year, the ySi team in Portmarnock chose to address issues facing small farmers in this region and their innovative solution was the “Bicycle of Life”. Working with the farmers to identify their needs, the students’ invention provides a simple and cost-effective solution that reduces soil erosion through a low-till technique. The team went on to win the ‘Make Our World One World’ Challenge, sponsored by World Wise Global Schools at the young Social innovators of the year Awards 2018. In their efforts to find a simple, cost-effective solution for farmers in Lesotho in Southern informal education programmes such those Africa, this team of young social innovators from Portmarnock Community School in Co. Dublin provided by young Social innovators are created an innovative crop-sowing machine using recycled bicycles.The ‘Cycle of Life’ team powerful because they are student-led, went on to win the ‘Make Our World One World’ Challenge Category at the team-based and action focussed. Through Young Social Innovators of the Year Awards 2018. 20 november/december 2018 - TUi NeWS
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