(Where “notes” are used in this Appendix they are explanatory and not substantive.)

1. Medical Retirement

1.1

A teacher with a terminal illness may apply for medical retirement under either the terminal illness 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:

1. Provide the opportunity for teachers, currently in service, who are declared medically unfit to retire from teaching with dignity;
2. 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 them 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.

1.3(b)

A teacher is considered to be medically unfit for work by reason of serious illness if they are wholly or substantially unable to perform the duties of the position at the school and are 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 10(7) of the Education and Training Act 2020).

Note: An employee is not eligible for medical retirement where she/he is receiving weekly compensation from Accident Compensation Corporation.

1.3(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.

1.4 Employee Initiated Process

If the employee initiates the process, the employee will provide to the employer from a registered medical specialist in writing:

• a description of the employee’s illness;
• a statement as to whether or not the employee will be able to wholly or substantially perform their duties both currently and in the foreseeable future; and
• the reasons for the decision.

Note: There is no provision for an employer to request a second medical specialist certificate.

1. (i) If the employee is unable to obtain a registered medical specialist opinion in a timely fashion, or by virtue of distance, the employee will undergo a medical examination from a registered general practitioner. The general practitioner will provide in writing:
   • a description of the employee’s illness, a statement as to whether or not the employee will be able to wholly or substantially perform their duties both currently and in the foreseeable future, and the reasons for the decision; and
   • attestation that the employee could not obtain an opinion from a registered medical specialist.

   (ii) The employer may require a further medical certificate from a registered general practitioner nominated by the employer.

   (iii) If two medical certificates are sought and the medical opinions conflict, the employee and employer will attempt to agree on a third registered general practitioner or medical specialist. If they cannot agree, the employer will nominate the registered general practitioner.

   (iv) All costs associated with the second and third medical certificates will be met by the employer.

1.5 Employer Initiated Process

(a) Pre-process

Where the employer has reasonable grounds to consider that the employee may be medically unfit for work by reason of serious illness as per clause 1.3(b) above the employer will in the first instance:

1. write to the employee outlining the concerns and the grounds on which it has formed a view that medical retirement may be an appropriate option;
2. inform the employee they are entitled to attend up to three sessions from an Employee Assistance Programme (EAP) and extend to the employee the opportunity to access EAP counselling;
3. outline the medical retirement process should the employer proceed with the process; and
4. inform the employee of their right to have a representative.

Note: Reasonable grounds is explained above. The Employee Assistance Programme provides direct access to an independent counsellor on a short term, confidential basis. Where the EAP provider recommends further sessions the employer will consider whether to fund additional sessions.

(b) Registered Medical Specialist

Following the completion of the pre-process:

1. Where the employer proceeds with the process, the employee will undergo a medical examination from a registered medical specialist nominated by the employer.

Note: No concurrence will be given without the specified medical evidence being provided.

1. The medical specialist will provide in writing a description of the employee’s illness, a statement as to whether or not the employee will be able to wholly or substantially perform their duties both currently and in the foreseeable future, and the reasons for the decision.
2. The employee is entitled to seek a second medical specialist’s opinion.
3. Where two medical specialist opinions agree that the employee will not be able to wholly or substantially perform their duties both currently and in the foreseeable future, the employer may seek concurrence to medically retire the employee.

(c) Registered General Practitioner

1. If the employer is unable to obtain a registered medical specialist opinion, the employee will undergo a medical examination from a registered general practitioner.
2. Where two general practitioner opinions conflict, the employee and employer will attempt to agree on a third registered general practitioner. If they cannot agree, the employer will nominate the practitioner.
3. Costs associated with examinations.
4. All costs associated with the medical examination(s) and the employee assistance programme will be met by the employer.

1.6

Where the majority of medical evidence does not support a claim for medical retirement under this provision this process will cease.

Note: The intention of this clause is to bring an end to this process.

1.7 Seeking Concurrence

1. Where the majority of medical evidence supports the application, the employer will seek concurrence of the Secretary for Education.
2. All applications for concurrence must be in writing and accompanied by the correct documentation.

Note: Applications will be granted where:
1. The process has been followed; and
2. The medical evidence has been supplied in sufficient detail.

1.8 Medical Retirement Options

Upon concurrence, the employee will be medically retired and choose one of the following options.

Note: The employee is not entitled to change options once actioned. Disregarded sick leave is not able to be converted to a payment.

(a) Medical Retirement Payment

A lump sum payment of 13 weeks salary plus an additional week for each year of service after 25 years, up to a maximum of 26 weeks.

(b) Post-dated Medical Retirement

The employee remains on paid sick leave until entitlement is exhausted. All entitlements continue.

(c) Receive Remaining Sick Leave as a Single Payment

The employee will receive the remainder of their sick leave as a lump sum payment.

All payments are subject to normal tax provisions.

1.9 Vacant Position Appointment

From the date of concurrence the employer may make a permanent appointment as if the position were vacant.

1.10 Eligibility for Compassionate Grant

A compassionate grant is payable to the estate where the employee deceases within 12 months of medical retirement.

1.11 Re-entry Policy

Re-entry is not contemplated except in exceptional circumstances. Where re-employed:

1. Sick leave will be governed by the Holidays Act 2003.
2. Where re-employment occurs within weeks less than payment received, the difference will be refunded.
3. An employee cannot be medically retired twice for serious illness.