1.1 A teacher with a terminal illness may apply for medical retirement under either the terminal iillness provision or the serious illness provision but not both and will be entitled to one payment only.
Note: This provision excludes any claim on disregarded sick leave.
1.2 The purpose of this provision is to:
(a) Provide the opportunity for teachers, currently in service, who are declared medically unfit to retire from teaching with dignity;
(b) Give the ability for boards to recruit the best possible teachers to vacant permanent positions without delay.
Note: This provision is for teachers currently in service and cannot be granted retrospectively. 'Currently in service’ means the teacher is employed in a permanent position at the time the application for medical retirement is made and when concurrence is given by the Secretary for Education. For clarity this applies whether a teacher is currently on paid or unpaid sick leave.
1.3 (a) A permanently appointed teacher, currently in service, may be granted medical retirement under this clause in circumstances where the teacher has a serious illness which causes her/him to be incapable of continuing to work or returning to work.
Note: Serious illness includes serious injury. Stress is not considered to be a medical diagnosis and so any applications for concurrence on the basis of stress will be declined. However, the medical impact of stress may meet the criteria set out in this provision.
(b) A teacher is considered to be medically unfit for work by reason of serious illness if she/he is wholly or substantially unable to perform the duties of the position at the school and is unlikely currently or at any time in the foreseeable future to be able to undertake new employment in any other teaching position in the Education Service (as defined in section 2 of the State Sector Act 1988).
Note: An employee is not eligible for medical retirement where she/he is receiving weekly compensation from ACC.
(c) Either the employee or the employer may initiate the medical retirement process. The employer must have reasonable grounds to initiate the process.
Note: “Reasonable grounds” arise where the employee for a prolonged period is wholly or substantially unable to perform the duties of the position at the school due to medical reasons.