Substitute Teachers – What are their entitlements
- Published: 03 October 2019
‘Does a substitute teacher have the same leave entitlements as a temporary or fixed term teacher ?’ This is a frequent query submitted to IPPN’s Professional Guidance team during the school year.
There are two types of substitute teacher:
- Casual Substitute Teacher: A teacher who has worked less than 40 days in a school calendar year
- 2.Non-Casual Substitute Teacher: A teacher who has worked in excess of 40 days or who is employed under a contract which obliges them to work more than 40 days. These type of contracts are typically linked to maternity vacancies in schools.
A teacher working as a non-casual substitute, is for the purposes of the Protection of Employees (Fixed Term Work) Act 2003 regarded as a fixed term worker. Under the Act, a fixed term worker is entitled to the same terms and conditions of employment as a permanent employee, with part-time workers availing of these entitlements on a pro-rata basis. All entitlements cease with the termination or end date of an employee’s contract, unless there is a renewed succeeding contract.
What does this mean for your non-casual substitute teacher?
A non-casual substitute teacher cannot be treated less favourably than their fixed-term and permanent teaching peers with regard to pay, in-school management posts and general conditions of employment including leave entitlements. All teacher absences and leave are governed by DES Circulars and approval of all leave needs to be approved by the Board of Management.
How do you record a substitute teacher’s leave?
OLCS does not facilitate the payment of two substitute teachers for the same role. Payment for the non-casual substitute teacher must be submitted to DES Primary Payroll using form Payment in Respect of a Non-Casual Fixed-Term Absence. If the approved leave is not substitutable (for example EPV days, self-certified sick leave) a record of the leave type is maintained by the school and there is no requirement to remove the teacher from the OLCS system.
If your teacher has queries regarding their terms and conditions of employment, it is advisable that they seek advice from the DES and/or INTO.
