Terms & Conditions of Employment in the Irish Civil Service. Staff Information Booklet

Transcription

1 Terms & Conditions of Employment in the Irish Civil Service Staff Information Booklet January 2010

2 TABLE OF CONTENTS 1 Introduction Working in the Civil Service Ministerial Private Office Staff Decentralisation Confidentiality 5 2 Probation 6 3 Performance Management and Development System 7 4 Pay Payment of Salary Incremental Credit Deductions from Pay 9 5 Ethics in Public Office Ethics in Public Office Registrable Interests ` Material Interests Guidance Tax Clearance Obligations of Appointees to Senior Office 12 6 Leave Annual Leave Sick Leave Maternity Leave Paternity Leave Parental Leave Adoptive Leave Carer s Leave Force Majeure Leave (i.e. paid emergency leave) Special Leave Shorter Working Year Scheme Career Breaks 21 7 Attendance Hours of Attendance Extra Attendance (Overtime) Worksharing 24 2

3 8 Post-Entry Education 25 9 An Ghaeilge sa Stát Seirbhís Promotion Competitions Starting Pay on Promotion Equality Disability Removal Expenses Travel & Subsistence Grievance and Disciplinary Procedures Grievance Discipline Industrial Relations Staff Welfare Employee Assistance Service Harassment, Sexual Harassment and Bullying Alcohol and Drugs Misuse Policy Resignation Retirement Age Superannuation (Occupational Pension) Outside Activities Conflicts of Interest Political Activity Outside Appointments Board 42 3

4 INTRODUCTION The following pages provide a summary of the terms and conditions of employment in the Irish Civil Service. The summary is for the information of Civil Service staff. It does not cover all aspects of the Civil Service Personnel Code, many of which are quite complex, and does not constitute a legal interpretation of the governing statutes and regulations. Full details of these conditions of service are set out in circulars issued by the former Department of the Public Service or the Department of Finance. These circulars are regularly referred to in the following notes and they are available on the Civil Service personnel code website ( or from the Personnel Section. They usually have a number, e.g. 27/03 this is, Circular No. 27 issued in Working in the Civil Service The job of the Civil Service is to carry out the policy of the Government in administering and providing services to the community as a whole. This involves a wide range of activities which bring the civil servant into regular contact with other civil servants and with the general public. A high standard of courtesy, consideration, customer service and efficiency is expected of all civil servants. The Civil Service Code of Standards and Behaviour sets standards for service delivery, behaviour at work and integrity and is an important element in the overall framework within which all civil servants do their work. A copy of the document is available from Personnel Sections and is available on the Civil Service personnel code website ( 1.2 Ministerial Private Office Staff The conditions of service of Ministerial Private Office Staff are dealt with separately in a set of Instructions for the Appointment of Ministerial Private Office Staff sent to all Personnel Sections of Government Departments and Offices. A copy of the document is available on the Department of Finance website ( as well as the Civil Service personnel code website ( Ministerial private office appointments are made to a number of positions. The main posts to which such appointments are made are those of Personal Assistant, Personal Secretary, Special Adviser and Civilian Driver. The Instructions provide details of the procedures to be adopted in appointing these staff and contain model contracts, including superannuation arrangements. 4

5 1.3 Decentralisation In December 2003, the Minister for Finance announced details of the Government s Decentralisation Programme which involved the transfer of over 10,000 civil and public service posts to approximately sixty locations around the country. Over 3,000 posts have relocated to date to almost 40 locations and work is continuing in relation to the movement of a further 1,400 posts in the medium term. Human Resource practices are being implemented in a way that facilitates the achievement of this programme in an efficient manner. The Minister has deferred proceeding with a number of decentralisation projects in light of budgetary constraints and affordability issues. These projects are to be considered as part of an overall review of the Programme in Full details of completed, approved and deferred projects are set out in the decentralisation website Confidentiality Civil servants are bound by the provisions of the Official Secrets Act Officers should not discuss or disclose confidential information about their work or the work of any section of the Civil Service. This extends to the publication of any information touching on the work of the Civil Service which was obtained in an official capacity (see Circular 15/79 Official Secrecy and Integrity). Information on the work of the Civil Service and public bodies in Ireland can be obtained under the Freedom of Information Act 1997 (as amended by Freedom of Information (Amendment) Act 2003). 5

6 2 Probation A person may initially be appointed to be an established civil servant on the basis of a probationary contract and must serve a period of probation which will normally last for one year. The purpose of probation is to assess suitability for work in the Civil Service. Before completion of probation and final confirmation of appointment, the officer will need to satisfy managers and those with responsibility for probation that he/she is suitable from the point of view of efficiency, conduct, punctuality, health and sick leave record. If an officer s probationary service is unsatisfactory the appointment can be terminated at any time during the probationary period. An employee who has been appointed on the basis of a one year probationary contract on an established basis and who satisfactorily completes his or her period of probation will be appointed as an established civil servant in the Civil Service. An employee who is appointed on a fixed term contract and who completes his or her period of probation will continue in employment in the Civil Service for the duration of the contract. The Civil Service Guidelines on Probation are available from Personnel Sections and are available on the Civil Service personnel code website ( 6

7 3 Performance Management and Development System The Performance Management and Development System (PMDS) provides a framework for aligning individual and team performance with the goals of the organisation, through greater clarity in setting objectives and related performance targets, and for monitoring progress of their achievement. It also provides a context in which the development needs of jobholders can be addressed. Full details of PMDS are set out in General Council Reports No. 1368, 1398 and The annual PMDS cycle comprises three stages: Performance Planning: The planning stage involves the jobholder and manager identifying what the job is about, setting objectives/targets and agreeing a development plan to assist the jobholder in developing the knowledge, skills and competencies required to carry out the job. This is recorded on a Role Profile Form. Ongoing Management of Performance: In addition to ongoing informal dialogue between the jobholder and manager, all staff should participate in one formal interim review during the year. The outcome of this is recorded on an Interim Review Form. Annual Performance and Development Review: The annual PMDS cycle concludes with a formal review by the jobholder and manager of developments over the year. This is recorded in an Annual Review Form. This process involves the manager formally rating the jobholder s performance. The annual review meeting also provides an opportunity for the jobholder to give feedback to his/her manager. PMDS ratings are used in decisions relating to the awarding of increments, assignments to higher scales and eligibility for promotion, as well as in addressing underperformance. 7

8 4 Pay 4.1 Payment of Salary For reasons of convenience and security, salary will be paid directly into the new recruit s bank account. Information on rates of pay and any changes to it will be conveyed from time to time. Most civil servants are on a pay scale with annual increments up to a maximum point. The annual increment is normally paid on the anniversary of appointment provided performance during the year is satisfactory. Long service increments (LSIs), which are also subject to satisfactory performance, apply in the case of some pay scales. 4.2 Incremental Credit There are incremental credit agreements in place, for certain entry level grades in the Civil Service, which provide for the granting of incremental credit for previous service to officers who have previously been employed in the Public Service in Ireland or an equivalent body in the EU in a relevant grade. For an update on the latest agreements refer to the personnel code website: ( Current circulars are: Circular 21/04 Agreement on incremental credit for previous service for entry levels at Clerical Officer, Executive Officer, or equivalent grades represented by the Civil and Public Services Union (CPSU) and Public Services Executive Union (PSEU); Circular 16/05 Agreement on incremental credit for previous service for entry levels at Services Officer or Services Attendant, or equivalent grades represented by the Federated Union of Government Employees (FUGE); Circular 6/06 Agreement on incremental credit for previous service for entry levels at Tax Officer and Higher Tax Officer grades represented by Irish Municipal Public and Civil Trade Union (IMPACT); Circular 40/07 Agreement on incremental credit for previous service for certain entry level grades represented by Irish Municipal Public and Civil Trade Union (IMPACT). 8

9 4.3 Deduction from Pay In addition to deductions in respect of tax, PRSI and superannuation, there are other deductions which an officer can choose to have made from pay. These deductions may be paid to various organisations including: All recognised unions and staff associations; Health Insurance providers, e.g. VHI, QUINN-healthcare, VIVAS Health; Public Service Friendly Society; Combined Services Third World Fund. 9

10 5 Ethics in Public Office 5.1 Ethics in Public Office If you: (a) (b) (c) occupy a designated position of employment in a Department of State or in any of the public bodies prescribed for the purposes of the Ethics legislation; or act as a special adviser; or hold a designated directorship in a prescribed public body; you must comply with the relevant provisions of the Ethics Acts (i.e. the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001), and this is deemed to be a condition of your employment or appointment. In the Civil Service, the designated positions of employment are: (a) (b) (c) the position of principal officer; a position in respect of which the maximum salary is not less than the maximum salary of a principal officer (general service grade) in the Civil Service; and a position designated by regulation for the purposes of the Ethics legislation. Typically, the latter are positions that interface with the commercial sector. Special advisers (which can include certain Ministerial personal appointees) are also subject to the Ethics Acts. The main requirements for those to whom the legislation applies relate to the furnishing of statements of registrable interests and the disclosure of material interests. 10

11 5.2 Registrable Interests Where you occupy a designated position of employment in the Civil Service and where you have a registrable interest or interests 1, or where you have actual knowledge of the registrable interest or interests of your spouse, your child or a child of your spouse, which could materially influence you in or in relation to the performance of your official functions, by reason of the fact that such performance could so affect those interests as to confer on, or withhold from you or your spouse or the child, a substantial benefit, you must prepare and furnish annually a written statement of those registrable interests to your Secretary General or Head of Office. While the Ethics Acts do not require a statement of interests to be made where there are no registrable interests to be disclosed, you are requested to furnish a nil statement. 5.3 Material Interests Where you occupy a designated position of employment in the Civil Service and where a function falls to be performed, and where you or a connected person (e.g. a relative or a business associate) have a material interest in a matter to which the function relates, you must: (a) (b) furnish to your Secretary General or Head of Office a statement in writing of the facts; not perform the function unless there are compelling reasons requiring you to do so. If you propose to perform the function, you must prepare and furnish to your Secretary General or Head of Office a statement in writing of the compelling reasons involved. 5.4 Guidance The above is a brief summary of ethics obligations. Detailed guidance on compliance with the Ethics Acts is published in the Guidelines on Compliance with the Provisions of the Ethics in Public Office Acts 1995 and 2001 Public Servants, available from your Personnel Office and on the Standards in Public Office Commission website ( 1 Registrable interests are those comprehended by the Second Schedule to the 1995 Ethics Act. 11

12 5.5 Tax Clearance Obligations of Appointees to Senior Office The tax clearance provisions of the Standards in Public Office Act 2001 apply to persons appointed to senior office, which includes any designated position of employment in a Department of State or in any public body prescribed for the purposes of the Ethics legislation for which the remuneration is not less than the lowest remuneration in relation to the position of Deputy Secretary General in the Civil Service. All persons appointed to senior office must provide to the Standards in Public Office Commission: not more than nine months after the date on which he or she is appointed, a tax clearance certificate that is in force and was issued to the person not more than nine months before, and not more than nine months after, the appointment date; or an application statement that was issued to the person and was made not more than nine months before, and not more than nine months after, the appointment date; and not more than one month before or after appointment a statutory declaration that he or she, to the best of his or her knowledge and belief, is in compliance with the obligations imposed on him or her by the Tax Acts and is not aware of any impediment to the issue of a Tax Clearance Certificate. 12

13 6 Leave 6.1 Annual Leave Circular 27/03 Annual Leave is the comprehensive circular on annual leave in the Civil Service. (It also contains the changes contained in the Organisation of Working Time Act 1997). The circular deals with the annual leave allowance for various Civil Service grades, the limited carry-over of annual leave, reckoning of prior service for the purpose of determining annual leave allowance, etc. For ease of reference, the following are the annual leave allowances for some of the main general service grades: Clerical Officer Staff Officer Executive Officer Administrative Officer Higher Executive Officer Assistant Principal Officer 20 days at the outset, rising to 21 after 5 years service, and 22 after 10 years service 21 days at the outset, rising to 22 after 5 years service, and 23 after 10 years service 21 days at the outset, rising to 22 after 5 years service, and 23 after 10 years service 23 days at the outset, rising to 27 after 5 years service, and 29 after 10 years service 27 days at the outset, rising to 28 after 5 years service, and 29 after 10 years service 30 days at the outset, rising to 31 after 5 years service Principal Officer 31 days Details of annual leave for other grades are available from Personnel Sections of employing Departments. 13

14 6.2 Sick Leave The arrangements in relation to sick leave are set out in a number of circulars which are available on the personnel code website: ( An officer should know and follow the procedure outlined below when he/she is ill and unable to work. The officer should contact the local manager by telephone or get someone else to do so, before noon on the first day of absence. If sick absence lasts more than two working days a medical certificate from a doctor, stating the nature of the illness and the length of the absence, must be provided. In some circumstances a certificate from a dentist is acceptable. The certificate should be sent in on the third day of absence. Normally, a certificate will be accepted for a period of one week only. Therefore, unless informed to the contrary, the officer should arrange to submit a certificate at weekly intervals during a continuous sick absence. Officers appointed on or after 6 April 1995 when absent on sick leave, are required to make the necessary claims for illness benefit to the Department of Social and Family Affairs within the required time limits and to comply with whatever requirements are laid down by that Department as a condition of claiming benefit. Full details of the Department of Social and Family Affairs requirements and conditions for making claims are made available at the time of appointment (Circular 6/95 Revised social insurance status and conditions of service of certain civil servants). Up to seven days uncertified sick leave may be permitted in any period of twelve months. The purpose of uncertified sick leave is to allow for recovery from illness which is likely to last only a day or two. Any case where the facts appear to show that an officer might be abusing the uncertified sick leave regulations will be vigorously pursued. The decision whether sick leave is to be granted and whether it is to be with or without pay is a matter for the Head of each Department/Office. Full pay during properly certified sick absence (provided there is no evidence of permanent disability for service), may be allowed up to a maximum of six months in one year and half pay thereafter, subject to a maximum of twelve months sick leave in any period of four years or less. An officer s career in the Civil Service can be seriously affected if his/her sick absences indicate that he/she cannot be relied upon to give regular and effective service in the future. In assessing performance and in determining suitability for promotion and eligibility for competitions, the sick leave limits applied are not more than fifty six days and not more than twenty five periods of sick absence in four years. A period of sick absence can be a single day or a number of consecutive days sick leave. 14

15 Abuse of sick leave arrangements by, for example, frequent resort to uncertified sick leave or to unjustified spells of certified sick leave, may lead to severe penalties including dismissal, withholding of salary increments, and withdrawal of sick pay privileges. Particular attention is paid to the way in which the concession of uncertified sick leave is used. If an officer becomes ill while on annual leave or if he/she wishes to take annual leave immediately following a period of sick leave, Personnel Section should be contacted. Sick absences should not be covered by annual leave. Certified sickness occurring during a period of annual leave will cancel the authorised annual leave, provided the grant of sick leave is approved. In this event the annual leave may be taken at a later date. After the period of illness the officer must, before taking annual leave, either resume duty or furnish medical evidence of fitness to resume duty. 15

16 6.3 Maternity Leave Circular 35/95 Maternity Leave, Circular 9/01 Extension of Maternity and Adoptive Leave, Circular 31/06 Implementation of the Regulations of the Maternity Protection (Amendment) Act 2004, Confidential Circular 11/95 Maternity Leave Information for Personnel Officers, set out the arrangements for civil servants going on maternity leave. At present, maternity leave consists of twenty six weeks paid leave with an option to avail of sixteen weeks unpaid additional maternity leave. In general, a minimum of two weeks maternity leave and up to a maximum of fourteen weeks maternity leave may be taken before the due date of birth. Officers appointed on or after 6 April 1995 when absent on paid maternity leave, are required to make the necessary claims for maternity benefit to the Department of Social and Family Affairs within the required time limits and to comply with whatever requirements are laid down by that Department as a condition of claiming benefit. Full details of the Department of Social and Family Affairs requirements and conditions for making claims are made available at the time of appointment (Circular 6/95 Revised social insurance status and conditions of service of certain civil servants). The period of paid maternity leave counts as service in all respects. The period of unpaid additional maternity leave counts as service for promotion, increment, and public holidays but not for remuneration and superannuation purposes. A pregnant employee is entitled to paid time off from duty as is necessary for attendance at ante-natal classes. Expectant fathers shall be entitled once only to time off from work, without loss of pay, for the purpose of attending the last two antenatal classes attended by the expectant mother before the birth of the child. Evidence of appointment or attendance at the clinic will be required. Breastfeeding mothers are entitled to paid breaks from work (one hour per day), or reduced daily working time (one hour per day) to facilitate breastfeeding or lactation (Circular 31/06 Implementation of the Regulations of the Maternity Protection (Amendment) Act 2004). At present, breastfeeding or lactation breaks may continue until the child is two years of age. 16

17 6.4 Paternity Leave Circular 32/99 Paternity Leave allows three days paid leave to fathers of children born or adopted on or after 1 January This leave may be taken up to four weeks after the date of birth or the date of placement of the child. Paternity leave is in respect of each child, therefore in the case of twins, for example, six days are allowed. 6.5 Parental Leave Parental Leave (as amended by Circulars 39/02 Amendments to Parental Leave Entitlement (age & disability), Circular 20/08: Parental Leave in the Civil Service, set out the provisions for Parental Leave. Parental Leave, which is a statutory entitlement (Parental Leave Act 1998 and Parental Leave (Amendment) Act 2006), allows the parent of a child, born or adopted on or after 3 December 1993, to take unpaid leave for fourteen working weeks for the purpose of caring for his/her child. Those who are in loco parentis may also be entitled to avail of Parental Leave a definition of those that may come under this provision is provided in the Parental Leave (Amendment) Act Parental Leave must be taken before the child is eight years of age (sixteen in the case of a child with a disability). Parental Leave is available to Civil Service staff who have one year s continuous service, but it will also be allowed, on a reduced basis, to staff who have more than three months but less than twelve months continuous service. Parental Leave may be taken as one continuous period of fourteen weeks, or as shorter periods together amounting to fourteen weeks. This entitlement is reduced pro-rata in cases where the parent is availing of worksharing arrangements. Parental Leave entitlements may be transferred from one parent to another if both parents are employed by the same employer (the Civil Service is deemed a single employer for this purpose), subject to the employer s agreement. An officer who falls ill while on parental leave and as a result is unable to care for the child, e.g. hospitalisation, may suspend the parental leave for the duration of the illness following which period the parental leave recommences. While the Parental Leave Act does not confer an entitlement to remuneration and superannuation benefits, an officer on parental leave is deemed to be in employment. The absence will therefore count as service for promotion, increment and annual leave. 17

18 6.6 Adoptive Leave Circular 2/97 Adoptive Leave, Circular 9/01 Extension of Maternity and Adoptive Leave (as amended by the Adoptive Leave Order 2004), Circular 30/06 Adoptive Leave Act deal with Adoptive Leave. At present, twenty four consecutive weeks of paid Adoptive Leave is allowed to adopting mothers and to sole male adopters. Adoptive Leave may be followed by up to sixteen consecutive weeks of unpaid additional adoptive leave. Officers appointed on or after 6 April 1995 when absent on adoptive leave, are required to make the necessary claims for adoptive benefit to the Department of Social and Family Affairs within the required time limits and to comply with whatever requirements are laid down by that Department as a condition of claiming benefit. Full details of the Department of Social and Family Affairs requirements and conditions for making claims are made available at the time of appointment (Circular 6/95 Revised social insurance status and conditions of service of certain civil servants). Please consult the Personnel Section regarding time off to attend certain preadoption classes and meetings, or possible flexitime adjustments in the context of arranging foreign adoptions. The period of paid adoptive leave counts as service in all respects. The period of unpaid additional adoptive leave counts as service for promotion, increment, and public holidays but not for remuneration and superannuation purposes. 6.7 Carer s Leave Circular 39/05 Carer s Leave sets out the arrangements for Carer s Leave. Carer s Leave, which is a statutory entitlement (Carer s Leave Act 2001), allows staff to take temporary unpaid leave to enable them personally to provide full-time care and attention for a person who is in need of such care. The maximum entitlement to Carer s Leave is two years or one hundred and four weeks. Carer s Leave may be taken as one continuous period of one hundred and four weeks or, within certain limits, as one or more periods amounting to not more than one hundred and four weeks. A civil servant who wishes to avail of Carer s Leave must have completed at least twelve months continuous service in the Civil Service (there is no hours threshold). 18

19 A civil servant on Carer s Leave will be treated as if he or she had not been absent from his or her employment so that all his or her employment rights, except the right to remuneration, annual leave, public holidays in excess of the initial period of thirteen weeks of Carer s Leave, and superannuation benefits, will be unaffected during the leave. 6.8 Force Majeure Leave (i.e. paid emergency leave) Circular 22/98 Parental Leave explains the entitlement to force majeure leave, which like Parental Leave, is provided for in the Parental Leave Act 1998 and the Parental Leave (Amendment) Act Force Majeure leave means that all employees have a limited right to paid time off (three days in any period of twelve consecutive months and five days in any period of thirty six consecutive months) for urgent family reasons owing to accident/illness of an immediate relative, or of a person in a relationship of domestic dependency with the employee. In order to be able to avail of force majeure leave, the event giving rise to it must be urgent, and the employee s immediate presence with the ill or injured person must be indispensable. 6.9 Special Leave Special Leave is granted in certain circumstances, subject to the work requirements of the Civil Service: (i) (ii) (iii) Special leave on marriage: Up to five days paid leave on marriage provided the total of marriage leave and annual leave does not exceed twenty six days (General Council Report 1449) Special leave at time of bereavement: Five days paid leave on the death of spouse or child; three days on the death of an other immediate relative or, in exceptional circumstances, of a more distant relative (Circular 22/09 Bereavement Leave in the Civil Service) Study and examination leave: Ten days paid study leave in respect of the final year only of a third level primary or masters degree; five days paid study leave for the other years of a third level course; paid leave for time necessarily spent at examinations (Circular 23/07 Post Entry Education Refund of Fees, Study Leave and Examination Leave) 19

20 (iv) (v) (vi) (vii) Leave for civic purposes: A number of days paid leave per year are allowed for instruction in Civil Defence (Circular 22/62 Special Leave for instruction in Civil Defence), training with the Reserve Defence Force (Circular 51/79 Leave for attendance at training with the Reserve Defence Force), training or call out with Voluntary Search and Rescue Organisations (Circular 15/ Leave for attendance at training courses with Voluntary Search and Rescue Organisations 2. Leave for call out to an emergency search and rescue), acting as a staff representative (Circular 14/80 Facilities for non full-time representatives of staff associations/unions), representing Ireland in certain major international sporting events (Notice to Personnel Officers, 9 March 1987) Leave for domestic reasons: Up to six months unpaid leave to deal with difficulties arising from the death or serious illness of an immediate relative (Circular 28/91 Special Leave for domestic reasons). See also section on Carer s Leave. Leave to work with the EU or an international organisation: Up to ten years unpaid leave to serve with the EU and up to five years unpaid leave to serve with an international organisation of which Ireland is a member (Circular 33/91 Special leave without pay to take up an appointment with an institution of the European Communities or other international organisation of which Ireland is a member) Leave for charitable and humanitarian work: Up to one year unpaid leave for charitable or cultural work in Ireland (Circular 2/76 Special Leave), and up to five years for humanitarian emergencies and development work overseas (Letter to Personnel Officers, 4 November 1997). Special leave without pay may be given in certain other circumstances at the discretion of the Head of Department/Office; however it should be noted that unpaid leave will not reckon for superannuation purposes. An officer considering applying for special leave should consult the Personnel Section. 20

21 6.10 Shorter Working Year Scheme Circular 14/2009 Shorter Working Year Scheme (formerly Term Time) allows civil servants to balance their working arrangements with outside commitments, including the holidays of their children. Under the terms of the scheme, unpaid special leave will be available as a period of 2, 4, 6, 8, 10 or 13 consecutive weeks to any civil servant. Staff may apply for more than one period in any year subject to a maximum of 13 years in that year. New entrants on probation may apply for participation in the scheme subject to certain conditions. Applicants should contact their Personnel Sections. The periods will count as service for the purposes of increment and seniority. It will not, however, count for remuneration or superannuation purposes. Staff participating in the Shorter Working Year Scheme may apply for special administrative arrangements for the payment of part of basic salary during the period of unpaid leave Career Breaks Circular 18/98 Special Leave without pay for career break and Letter to Personnel Officers of 3 March 2008 gives details of the Civil Service career break scheme. The scheme provides that staff may be granted special leave without pay for a period of not less than six months and not more than five years subject to meeting eligibility criteria. The grant of a career break is subject to certain conditions, the details of which can be clarified with the Personnel Section. Eligible staff may, in general, avail of three career breaks during their career in the Civil Service subject to a maximum of 10 years in total. A second and third career break may not be taken until the officer has served for a period equal to the duration of the previous career break. The period of a career break will not count as service for promotion, increment, or superannuation. On completion of a career break, an officer will be assigned to the next appropriate vacancy, with a guarantee of re-employment in his/her original grade (although not necessarily in his/her original Department/Office), within twelve months of the end of the career break. 21

22 7 Attendance 7.1 Hours of Attendance The conditioned hours of various grades are set out in individual circulars. Civil Service office hours are from to Monday to Thursday (17.15 on Friday). Most civil servants work forty one hours gross per week, i.e. inclusive of lunch breaks. Most Government Departments/Offices operate a system of Flexible Working Hours (FWH). Under this system, civil servants must work their full quota of hours, but they are given much more flexibility in doing so. For example, staff may, within certain limits, vary their arrival times, departure times, and lunch breaks. Hours that are open to variation in this way are known as Flexible Hours. The main part of the day, when all staff should be at their jobs, is not open to variation and is known as Core Time. A typical working day under FWH would be divided as follows: Flexible Morning Band Morning Core Time Flexible Lunch Band Afternoon Core Time Staff may start work any time during this band. Time worked before will not gain credit Staff must be present during this period unless on an authorised absence Staff must take a minimum lunch break of 30 minutes but the break may be extended to last up to 2 hours Staff must be present during this period unless on an authorised absence Flexible Evening Band Staff may finish work any time during this band. Time worked after will not gain credit 22

23 Under FWH, staff are allowed to work up additional time which may subsequently be taken as time off (flexi-leave). In order to qualify for flexi-leave an individual must have built up credit as follows: (i) (ii) (iii) 3 hours 30 minutes (3.5 hours) to be absent for one morning core period (or one half day a.m.); 3 hours 27 minutes (3.45 hours) to be absent for one afternoon core period (or one half day p.m.); 6 hours 57 minutes (6.95 hours) to be absent for one full day. 7.2 Extra Attendance (Overtime) Circular 27/99 Extra Attendance contains instructions on rates of payment (or time off in lieu) for extra attendance by members of general service grades up to and including Higher Executive Officer and equivalent departmental grades. Extra attendance arrangements vary between grades. For illustration purposes, the arrangements which apply to certain grades for extra attendance during the normal working week are given below: Executive Officer, Staff Officer, Clerical Officer, Services Officer First 3 hours rate plus one-quarter (time and a quarter), or time off in lieu at the flat rate; Next 5 hours rate plus one-half (time and a half), or time off in lieu at the flat rate; Thereafter double rate (double time), or time off in lieu at the flat rate. 23

24 Higher Executive Officer/Administrative Officer Extra Attendance payments are calculated by reference to the lesser of: (i) (ii) the officer s actual point on the Higher Executive Officer or Administrative Officer scale or the sixth point of the Higher Executive Officer (standard) scale. First hour no payment or time off in lieu; Next 2 hours rate plus one-quarter (time and a quarter), or time off in lieu at the flat rate; Next 5 hours rate plus one-half (time and a half), or time off in lieu at the flat rate; Thereafter double rate (double time), or time off in lieu at the flat rate. Payment is made for completed hours of extra attendance by Higher Executive Officers/Administrative Officers (including extra attendance on Saturdays, Sundays and public holidays). Circular 27/99 sets out the conditions which apply to these arrangements, as well as the extra attendance arrangements for week-ends, public holidays, etc. 7.3 Worksharing Circular 31/01 Civil Service Worksharing Scheme gives details of the Civil Service Worksharing Scheme. Worksharing means that staff may choose a daily/weekly work pattern which is different from the standard working day/week. All civil servants, whether established or unestablished including, subject to certain conditions, those on probation may apply to workshare. Staff who opt for worksharing are required to do so for a minimum of twelve months. In general, worksharers enjoy pro-rate arrangements with their full-time colleagues in relation to pay and other conditions of employment. A person participating in the Worksharing Scheme may take up other paid employment outside the Civil Service, subject to the same conditions that apply to full-time civil servants, but in particular that there be no conflict of interest, and that the outside employment does not interfere with the proper performance of Civil Service duties. 24

25 8 Post-Entry Education The arrangements for post-entry education are outlined in Circular 23/07 Post Entry Education Refund of Fees, Study Leave and Examination Leave. This circular underpins the policy of the Civil Service which is to support the efforts of staff in the area of self-development and life-long learning, and in doing so, to also enhance workplace skills and performance. Refunds of fees, paid study leave, and paid examination leave may be allowed if the course of studies fulfils the following conditions: (a) (b) (c) (d) it is deemed by the Head of Department/Office to be relevant to the Civil Service employment of the officer attending it; it leads to a second or third level educational, professional or vocational qualification, or a qualification in a language other than English (including sign language); it is provided by a recognised educational institution or professional body; it is pursued primarily in the officer s own time. Special leave without pay may also be granted to civil servants as follows: (a) (b) where an officer qualifies for refund of fees, up to three months for study or other purposes directly relevant to the course being pursued; up to one academic year to enable an officer to pursue a post-graduate course or any specialised course of study, provided the Head of Department/Office is satisfied that the course will be of direct benefit to the officer in the performance of his/her official duties in the Department/Office, and provided a reasonable period of service has already been given in his/her existing grade by the officer concerned. Each officer to whom a refund of fees is given for an academic year (or course period), must provide a commitment in writing to give one subsequent year s service in the Civil Service (not counting the academic year or course period itself or any previous service) in respect of each year (or course period) of funding. In the event of failure to fulfil this service requirement in respect of any year (or course period), any fees received will have to be returned to the Department/Office. Decisions in relation to the granting of refunds of fees, study leave, or examination leave are matters for the Heads of Departments/Offices. 25

26 9 An Ghaeilge sa Stát Seirbhís Proficiency in Irish as well as in English is highly valued in the Civil Service. To encourage civil servants to speak and attain proficiency in Irish, and with a view to providing a better service to the Irish speaking community, the Civil Service strongly supports and encourages staff to study Irish, especially at Gaeleagras, the body established in 1971 to promote the Irish language throughout the Civil Service. Full details of services provided by Gaeleagras are available on the Gaeleagras website ( Under the provisions of the Official Languages Act 2003 and the acceptance of the Language Schemes of Departments under section 11 of the Act, the policy of bilingualism is now more important than ever. In certain circumstances, the Civil Service gives extra credit for proficiency in Irish in promotion competitions (Circular 43/75 Irish requirements in the Civil Service and 30/90 Credit for proficiency in both Irish and English in confined promotion competitions). As the Gaeleagras motto states ag saothrú don Ghaeilge i dteannta a chéile. 26

27 10 Promotion 10.1 Competitions Career progression opportunities are available to officers serving in general service posts. Officers may be promoted through internal competitions within their own Departments or through interdepartmental competitions confined to serving civil servants. Competitions are held for promotion from Clerical Officers to Staff Officer, Staff Officer/Clerical Officer to Executive Officer, and from Executive Officer to Higher Executive Officer. Staff serving in general service grades at Administrative Officer/Higher Executive Officer level may compete for posts at the grade of Assistant Principal. Assistant Principal Officers in turn may compete for posts in the grade of Principal Officer. Schemes of promotion for the above grades are agreed between the Department of Finance and the relevant Civil Service unions. Interdepartmental competitions take place periodically and a circular is issued to announce each competition. Appointments to posts at the grade of Assistant Secretary are the responsibility of the Top Level Appointments Committee (TLAC). In accordance with agreement reached at the Decentralisation Sub-Committee of General Council, human resource practices support the achievement of the Government s Decentralisation Programme. The qualifying period of service before eligibility for promotion is two years for all general grades. Other conditions of eligibility are set down in the circular for each confined interdepartmental competition. In considering a successful candidate s suitability for appointment in terms of health and sick leave, the Public Appointments Service will have regard to Department of the Public Service Circular 34/76 Clearance of candidates for promotion or establishment: sick absences and health considerations (as amended by Department of Finance Circular 32/91 Clearance by reference to sick absence and health, 33/99 Amendments to provisions on the clearance of candidates; sick absences and health considerations for promotion or establishment; and 17/03 Amendments to provisions on the clearance of candidates; sick absences and health considerations). 27

28 10.2 Starting Pay on Promotion The rules governing starting pay on promotion to a higher grade are set out in Circular 34/77: Starting Pay on Promotion or Establishment as amended. Civil servants recruited from confined competitions are entitled to the more favourable of the following: a) The minimum point of the new scale. b) Pay equivalent to their existing pay, including their accrued increment on the current scale, if any, plus an immediate increment on the new scale. Civil servants recruited from open competitions are entitled to the more favourable of the following: a) The minimum point of the new scale. b) Pay equivalent to their existing pay including any accrued increment. Officers with queries relating to starting pay on promotion should contact their Personnel Section in the first instance. 28

29 11 Equality The Civil Service is strongly committed to equality of opportunity in all its employment practices. Equality of opportunity in the Civil Service means that: all civil servants can be confident that their rights under the Employment Equality Acts are guaranteed and that no one will receive less favourable treatment because of gender, marital status, family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller community; throughout their working lives, civil servants can be assured of equality of participation in their Department/Office, regardless of gender, marital status, family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller community; all civil servants have a responsibility to create a working environment in which differences are respected and in which all people staff, clients and customers are valued as individuals; as an employer, the Civil Service will strive to achieve real equality of opportunity by continually monitoring its employment practices to ensure that they do not perpetuate existing inequalities Disability A Code of practice Code of practice for the employment of people with disability in the Civil Service on the employment of people with a disability in the Civil Service may be obtained from Departmental/Office Disability Liaison Officers (DLO). A Disability Advisory Officer (DAO) appointed to the Department of Finance provides expertise and guidance in the formulation and implementation of policy and practice in this specialised area. All Departments and Offices are required to appoint a DLO to assist and support staff with disabilities and their line managers by the provision of necessary information, appropriate contacts, guidance, suggestions and advice. Pubic sector bodies are obliged under the Disability Act 2005 to promote and support the employment of people with disabilities; to ensure, where practicable, that 3% of all staff employed are people with disabilities; to report every year on the number and percentage of employees with disabilities. 29

30 In order that the Civil Service can meet its legal responsibility to report annually on the number and proportion of staff with a disability, every employee (including temporary and part-time employees) is required to complete and sign a confidential form to establish whether or not the employee has a disability within the meaning of the Disability Act. These forms are to be returned to the nominated officer authorised for this purpose. As an equal opportunities employer, the Civil Service is committed to providing reasonable accommodation to staff with disabilities who require this in order to work in this organisation. We are also committed to addressing the health and safety needs of all employees, including employees with disabilities. For this purpose, staff may be asked to indicate if they have any needs for reasonable accommodation related to a disability. Staff may also be asked to indicate if they require any particular health and safety supports relating to a disability, for example assistance or arrangements in relation to evacuating a building. 30

31 12 Removal Expenses Circular 6/89 Removal Expenses deals with removal expenses. It sets out the conditions under which removal expenses may be paid to officers permanently transferred on duty from one station to another within the State. Officers being transferred are advised to consult the complete circular and to raise any queries with their Personnel Section. It should be noted that removal expenses are not payable for moves relating to decentralisation and in certain other circumstances. For example: (i) (ii) (iii) where the officer s Department is satisfied that a transfer from one station to another was not such as would justify a change of residence, by reason of such factors as difficulties in getting to and from work; on an officer s first appointment to the Civil Service (including, in the case of an officer already serving, appointment by open competition to another position); where the transfer takes place at the officer s own request. In general the expenses covered in Circular 6/89 relate to owner-occupiers and are those connected with the sale of the old house and the purchase of a new house at the new station, and with the removal of furniture and effects to the new station. A lodging allowance towards the cost of temporary accommodation may be paid, subject to certain conditions, where a householder is initially unable to obtain suitable permanent accommodation at the new station (and where the house at the old station is not sold). An officer is expected to complete his removal at the same time as the transfer; where the removal will take longer, deferral of the transfer should be sought. For provisions relating to rented accommodation, etc. see paragraphs 16(ii) and 20 of the circular. 31

32 13. Travel & Subsistence The general regulations governing the payment of travel and subsistence allowances are set out in Circular 11/82 Travelling and Subsistence Regulations as amended by Circular 22/05 Subsistence Allowances. The up-to-date travel and subsistence rates payable are given in circulars issued periodically by the Department of Finance. The day allowances payable are either: (a) (b) a 5-hour rate from 1 July 2005, for an absence 5 km (3.11 miles) from home and headquarters of 5 hours but less than 10 hours; a 10-hour rate from 1 July 2005, for an absence as above (5 km) of 10 hours or over but less than 24 hours. The stipulation of Circular 11/82, Part 1, para. 3 should be noted, i.e. that subsistence allowances are not intended to be a source of emolument or profit. Travel allowances are paid for travel in a private care on official business, subject to certain conditions, e.g. that no suitable public transport was available for the journey. The travel rate payable varies with the level of official kilometres travelled and the size of car. 32