Guidance and FAQs for
Public Service Employers
during COVID-19
In relation to Special Leave with Pay
for COVID-19
8 May 2023
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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Contents
Background ......................................................................................................... 3
Principles 4
1. COVID-19 special leave with pay arrangements .......................................... 5
UPDATED 1.1 When does special leave with pay apply during COVID-19? 5
1.2 What arrangements are in place for employees to attend a COVID-19
vaccination appointment? 6
1.3 What arrangements are in place where an employee may have a
reaction to a COVID-19 vaccination? 6
1.4 What is the legal basis for processing employee data in relation to
COVID-19? 6
1.5 Do employers have a right to know if an employee has been vaccinated
or had COVID-19? 6
UPDATED Appendix 1: Procedure for SLWP absence 8
1 (a) Procedure for employees 8
1 (b) Procedure for managers 8
Appendix 2: Sample SLWP for COVID-19 self-declaration 9
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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Background
This guidance document for Civil and Public Service employers supersedes
previous guidance and FAQs issued relating to Civil and Public Service working
arrangements and temporary assignments during COVID-19. These
arrangements apply to all Civil and Public Service employees.
1
Everything that has been managed and achieved during the COVID-19 pandemic
restrictions has involved an unprecedented collaboration and cooperation across
the entire civil and public service, operating to provide a single integrated
response.
The FAQs have been prepared to assist employees and management in the Civil
and Public Service to understand the process, rules and expectations associated
with Special Leave with Pay during COVID-19 across the public service.
These arrangements apply during the time that COVID-19 pandemic restrictions
remain in place.
These FAQs will be updated in response to queries that are received centrally.
The most up-to-date version of these FAQs will be available at Gov.ie.
The Civil and Public Service need to ensure that our services have the potential
to be flexible and responsive to any changes that may be needed based on public
health advice. The guidance is reviewed in line with public health guidance, and
employers will be advised of any changes.
Subject to expert public health advice in light of developing circumstances on
COVID-19, the general principles or FAQ material may be subject to updating or
other amendment. Employers retain the right to withdraw or amend provisions in
light of developing circumstances.
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Individual employers will need to identify which employees fall into the category of public
service employees.
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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Principles
The general principles to apply to the working arrangements during COVID-19 in
the Civil and Public Service include:
Public health
Business need
One Public Service
Safeguarding the health
of both the public in their
interaction with the
public service, and
employees, is central to
how we organise work.
Public service
employers and
employees must comply
with measures for
safeguarding public
health and safety of the
workplace, including
related legislation and
Government advice.
We must deliver the
services that the public
need and expect in a
changing delivery
environment. Openness,
transparency and
consistency will
underpin service
delivery and decision-
making. The employer
determines the criteria
for return to the
workplace according to
business needs.
Throughout the COVID-
19 pandemic we have
operated as a unified,
One Public Service and
accordingly these FAQs
are developed in order
to ensure transparency
of decision making and
agree on the overriding
principles which apply,
while recognising
individual needs of
certain sectors.
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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1. COVID-19 special leave with pay
arrangements
UPDATED 1.1 When does special leave with pay apply
during COVID-19?
Special leave with pay is currently used in lieu of sick leave for COVID-19 to assist
in the prevention of the possible onward spread of COVID-19 in the work premises.
Circular 2/1976, which covers special leave with pay should only apply in lieu of
sick leave for COVID-19 when an employee has had a positive test for COVID-19.
The HSE sets out the latest guidance following a positive COVID-19 test result at
this link. In order to avail of special leave with pay, evidence of a positive test
result is required alongside a declaration form by the employee. Special leave
with pay for COVID-19 in all sectors does not apply in any other scenario.
Special leave with pay only applies to employees who were rostered or due to be
working. Special leave with pay cannot be substituted for other forms of leave, for
example annual leave. If employees are on annual leave and have valid
certification they can opt to apply for sick leave as per the normal rules of sick
leave.
The general principles applying to the management of sick leave, for example the
requirement of employees to contact managers, and for ongoing contact with
employees who are on special leave for this purpose, will apply.
Any special leave with pay granted following a positive COVID-19 test result will
not be counted as part of the employee’s sick leave record.
Note that at any stage if an employee states that they feel well enough to work,
but have tested positive for COVID-19, the employer may facilitate working from
home instead of special leave with pay, if this is feasible and agreeable to both
parties. They must not attend the work premises and must also follow medical and
HSE advice.
SLWP applies for the duration of the HSE recommended ‘stay at home period’
following a positive COVID-19 test result (whatever duration is in place at the time
of the absence, currently 5 calendar days). Any periods of COVID-19 related
illness which extend beyond the HSE guidance to ‘stay at home’ (currently five
calendar days) following a positive COVID-19 test, will be treated as ordinary sick
leave.
Employees are not entitled to days in lieu of bank holidays whilst in receipt of
special leave with pay.
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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In the event of non-compliance with the provisions of special leave with pay
(including the requirement to provide bona fide
2
confirmation of a positive COVID-
19 test) existing procedures, including disciplinary measures may be invoked.
The arrangements relating to the application of special leave with pay for COVID-
19 is temporary, and will be kept under review.
1.2 What arrangements are in place for employees to
attend a COVID-19 vaccination appointment?
Where an employee in the public service has an appointment to attend a COVID-
19 vaccination during working hours, they will be facilitated to attend based on the
health/medical appointment arrangements which apply in each sector.
1.3 What arrangements are in place where an employee
may have a reaction to a COVID-19 vaccination?
Where there may be a reaction to a COVID-19 vaccination and the employee is
unfit for work, the absence will be recorded as ordinary certified sick leave and the
usual rules governing sick leave will apply.
1.4 What is the legal basis for processing employee data
in relation to COVID-19?
Civil and Public Service employers are obliged to provide a safe workplace, which
may include the processing of health data in order to ensure that safety. Articles
6(1)(c), 9(2)(b) and (g) of GDPR, along with section 53 of the Data Protection Act,
2018 (which permits the processing of special categories of personal data for
purposes of public interest in the area of public health) will likely be the most
appropriate legal bases for processing this data.
For further information please visit the Data Protection Commission website.
1.5 Do employers have a right to know if an employee has
been vaccinated or had COVID-19?
As noted in the Work Safely Protocol the decision to get a vaccination against
COVID-19 is voluntary and workers will therefore make their own individual
decisions in this regard. The Data Protection Commission has produced a
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Bona fide in relation to a representation or communication means in good faith and well
founded in fact. The employer reserves the right to request further confirmation.
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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guidance note on Processing COVID-19 Vaccination Data in the context of
Employment. The guidance notes that “[a]s a general position, the DPC considers
that, in the absence of clear advice from public health authorities in Ireland that it
is necessary for all employers and managers of workplaces to establish
vaccination status of employees and workers, the processing of vaccine data is
likely to represent unnecessary and excessive data collection for which no clear
legal basis exists”. However, the note does provide for specific employment
contexts where collection of information may be lawful and each sector may issue
its own guidance.
Employers may ask employees for information in relation to their COVID-19
special category data in certain circumstances, for example where an employee
who requests to avail of special leave with pay will be required to provide details
of the results of positive COVID-19 test result. At all times the data collection and
processing must be necessary, proportionate and safeguarded.
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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Appendix 1: Procedure for SLWP absence
1 (a) Procedure for employees
1. Telephone your manager
3
before 10am on the first day following the
positive COVID-19 test result as would normally be the case for sick leave.
You will be required to provide a completed self declaration form and
satisfactory evidence of a positive test for COVID-19.
2. Your manager will record your absence as special leave with pay on the
commencement date.
3. By applying for special leave with pay, you agree that in the event of non-
compliance with the provisions of special leave with pay (including the
requirement to provide bona fide
4
confirmation of a positve COVID-19 test
result) existing procedures, including disciplinary measures may be
invoked.
1 (b) Procedure for managers
1. Employees who are required to stay at home following a positive COVID-
19 test result must inform their manager as per sick leave requirements.
2. Managers should record the absence as special leave with pay and ask the
employee to provide a completed self declaration form and satisfactory
evidence of a positive COVID-19 test including the date of the test. The
arrangements for the recording of this will vary based on each
organisation’s payroll/HR facilities.
3. Managers should make employees aware of the need to stay in regular
contact and advise them of any employee assistance programme available
to them.
4. Managers should alert the employee to any follow up actions that are
required, including the need to provide documentation and actions on their
return to work.
5. Should the employee absence continue beyond the SLWP limit (currently 5
calendar days), the manager should process any additional calendar days
as ordinary sick leave.
3
If your manager is not available, please contact another manager in your area or your HR team.
In rare situations where that is not possible, make a note of the date and times of call made and
continue to try to contact your managers until contact is made.
4
Bona fide in relation to a representation or communication means in good faith and well
founded in fact. The employer reserves the right to request further confirmation.
COVID-19 Guidance and FAQs re working arrangements and temporary assignments in the Public Service
May 2023 – V.23
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Appendix 2: Sample SLWP for COVID-19 self-declaration
Employee Details
Name
Grade
Department
Dates of Special Leave with Pay for COVID-19
Dates
From DD/MM/YYYY to DD/MM/YYYY
Declaration for Special Leave with Pay
I confirm I have read and understand the provisions of Special Leave
with Pay as set out in Part IX of Circular 02/1976
Yes
☐
I understand that in the event of non-compliance with the provisions of
special leave with pay (including the requirement to provide bona fide
5
confirmation of a postitive COVID-19 test result) existing procedures,
including disciplinary measures may be invoked.
Yes
☐
I understand that any overpayment of salary which may arise from non-
compliance with the provisions of special leave with pay will be repaid.
Yes
☐
I have attached relevant documentation
6
Yes
☐
Employee signature
Date
Manager Approval
Manager signature
Date
Data Protection The data requested in this form will be used to process your application for Special Leave
with Pay (COVID-19 related) and will be retained as part of your personnel record for the appropriate period
of time. The employer will treat all information and personal data you give according to the law.
5
Bona fide in relation to a representation or communication means in good faith and well
founded in fact. The employer reserves the right to request further confirmation.
6
Bona fide in relation to a representation or communication means in good faith and well founded
in fact. The employer reserves the right to request further confirmation.
.
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