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Support Point Update 28th Nov 2017

Support Point Update 28th Nov 2017

November 28, 2017

Support Point can be contacted Monday to Friday, 9am-5pm by phone on 01 4040681 or email supportpoint@earlychildhoodireland.ie. If you have a query outside of these hours, please send us an email and we will get back to you as soon as possible.

HR Series – Statutory and Non-Statutory Leave

Parental leave:

The Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, allows parents to take parental leave from employment for children under 8 for a total of 18 weeks.

Leave can be taken for each child before the child’s 8th birthday. If a child was adopted between the age of 6 and 8, leave relating to that child may be taken up to 2 years after the date of the adoption order. In the case of a child with a disability or a long-term illness, leave may be taken up to 16 years of age.

Apart from the loss of pay and pension contributions, the employees position remains as if no parental leave had been taken. This means, for example, that time spent on parental leave can be used to accumulate annual leave entitlement. Employees also retain their entitlements for Public Holiday’s while on parental leave.

The employee may take parental leave either as a single block of 18 weeks or, with the employer’s agreement, as smaller blocks, broken up over a period of time. Employer’s should include information on parental leave in the staff handbook and outline the process for applying to take parental leave. An employee must give written notice to the employer of their intention to take parental leave, not later than 6 weeks before the proposed commencement of the leave.

An employee must have at least one year’s continuous service with the employer before being entitled to take parental leave. However, where the employee has more than three months’ but less than one year’s service, and where the child is approaching the age threshold, the employee will be entitled to one week’s leave for every month of continuous employment completed with the employer.

 

Support Point Topic of the Week:

Frequent non-compliances on Tusla inspections

Continuing our series on frequent Tusla inspection non-compliances this week we focus on Police Vetting. Police vetting is part of Regulation 9: Management and Recruitment.

 

Requirement from the 2016 Childcare Regulations:

A registered provider shall ensure that each employee, unpaid worker and contractor is suitable and competent taking into consideration the nature of the needs of children, including by—

ensuring, insofar as is practicable, that where a person has lived in a state other than the State for a period of longer than 6 consecutive months, he or she provides police vetting from the police authorities in that state.

Individuals who have lived outside Ireland for 6 consecutive months or longer over the age of 18 must have Police Vetting from that country.

Employees who require police vetting should obtain this prior to commencing work in a service. The employer should request the police vetting and consider this alongside the individuals Garda vetting. The registered provider must keep a verified copy of the police vetting on file in the service. If the police vetting certificate is not in English a certified translation of the police vetting should be available. Employers should take reasonable steps to verify Police vetting from other countries and these attempts should be recorded on the individual’s file.

If the individual cannot obtain a Police Vetting certificate from the country where they were resident then there must be evidence of a paper trail of the application process for the police vetting and evidence that the application has been denied/refused/is unobtainable. Every reasonable effort should be made to obtain vetting. Tusla keep updated of the countries where Police vetting cannot be obtained.

Information on obtaining police vetting from a number of different countries can be found here on the teaching council website.

 

Support Point Question of the Week:

Is every childcare worker in a preschool required to have a first aid certificate?

The requirement from the Child Care Act 1991 (Early Years Services) Regulations 2016 is that:

A registered provider shall ensure that a person trained in first aid for children is, at all times, immediately available to the children attending the pre-school service.

 

Reminder: The application process on PIP for the increased capitation relating to LINC will close at 6pm on Friday 1st December. Service providers should apply before this date.

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