Notice To Members
11th December
RE: Annual Leave
Dear Colleagues,
As you are aware the health service unions, including the INMO, have raised a number of disagreements with the Health Service Executive (HSE) relating to the implementaiton of Annual Leave arrangements (details of these agreements are set out below).
As an agreement could not be reached in direct dialogue with the HSE, the matter was referred by the unions to the Labour relations commission. A consiliation conference between representatives of the HSE and the Health Sector Trade Unions is due to take place at 10:30am on Tuesday 18th December 2012.
Any update from same will be advised to you immediately thereafter.
As this matter is now in procedure no changes should occur until the outcome has been agreed and arrived at.
Thank you for your attention to this matter.
Is Mise,
PHIL Ni SHEAGHDHA,
Director of Industrial Relations.
Notice To Members
5th October, 2012.
RE: Annual Leave
Dear Colleagues,
As you are aware, the Department of Public Expenditure and Reform has instructed on the standardisation of annual leave in the Irish Public Service. The HSE have issued a Circular 011/2012 which outlines how this would apply to existing employees. As previously notified to you, the Unions representing all grades of workers in the HSE have some difficulty with the interpretation the HSE has taken on the Department’s letter of instruction.
The central matters that are in dispute currently for existing employees are:-
1. Concession days and how they should be treated:
The HSE in various parts of the country have a varied interpretation and this was raised as a grievance by all Unions at a meeting with the HSE to discuss these matters yesterday 4th October 2012.
2. The second item that has been raised by the INMO on behalf of its members relates particularly to Public Health Nursing grades who are in receipt of immunisation days. The HSE confirmed to the INMO yesterday, that immunisation days will be maintained for the grades in question.
The difference between the INMO and the HSE in respect of this matter is, the INMO contends that the immunisation days, are in fact days in lieu of additional work to provide the immunisation service.
The HSE regard them as annual leave.
The importance of this distinction is, in the Department of Public Expenditure and Reform’s letter of instruction, they clearly differentiate between annual leave and days in lieu. They state in their letter that days in lieu do not come within the restriction of the Circular, in other words, they are not subject to the cap of 32 days.
The Circular granting immunisation days describes these days as ‘days in lieu’ therefore we contend that they cannot be calculated as part of the annual leave entitlement which is capped at 32 days - in other words, they are separate.
The HSE confirmed that they will consider the issued raised by the Unions on 4th October and revert to the Unions on 8th October.
New Entrants:
In respect of new entrants to the Public Health Service, there is also difference of interpretation between the HSE and the Health Service Unions.
The HSE have issued a draft circular which the Unions have objected to, on the basis that it seeks to cap specific grades at a lower rate than that which the Department instructs, i.e. 30 days per annum. The Department of Public Expenditure and Reform have instructed that all new entrants have a maximum annual leave allowance of 30 days per annum. The HSE have inserted lower caps for specific grades, which the Health Sector Unions have objected to; for example, in the case of Nursing they state that all grades be capped at 25 days. Clearly this is incorrect, as there is a standard annual leave entitlement for nursing grades which does not breach the cap of 30 days and which, we will continue to argue, is appropriate and not in breach of the instruction from the Department of Public Expenditure and Reform.
Overall the matters we raised with the employers yesterday 4th October, will be responded to formally on 8th October and the Unions will then decide whether it will be necessary to progress these matters, if they remain matters of disagreement, to a third party, i.e. the Labour Relations Commission or the Labour Court.
I will update members in respect of these matters when this information has been made available to us. I would be grateful if you could bring this Notice to the attention of as many members as you can.
Thank you for your attention to this matter.
Is Mise,
PHIL Ni SHEAGHDHA,
Director of Industrial Relations.
Notice to all Members
Standardisation of Annual Leave Arrangements for the Irish Public Service 30/03/12
Dear Colleagues,
The Department of Public Expenditure and Reform have instructed that all Annual Leave in the Irish Public Service is to be standardised across the Public Service for both serving and future personnel. The Department have announced that these standardised leave arrangements are to take effect in the leave year 2012 and have set out the principles on which each Department within the Public Service should base its internal circular.
The Trade Unions representing workers in the Health Service have sought meetings with the HSE since December on this matter and meetings have not been facilitated. The matter was raised at the Health Sector National Negotiating Forum, the National Joint Council, by all Unions including the INMO on 20th March 2012 and as a result the HSE issued a draft Circular on Friday 23rd March 2012 and responses were sought by 26th March 2012.
The Health Sector Unions (Staff Panel) objected to this short timeframe and also objected to the fact that two provisions in the Department of Public Enterprise and Reform’s letters were not included in the HSE’s draft circular. These were:-
“This agreement as proposed does not alter any existing arrangements in place where (1) additional leave is granted to public servants while carrying out shift work duties, or (2) where time off in lieu arrangements may pertain for public servants”.
“The implementation of the standardised leave arrangements and related measures will take immediate effect and will be implemented at sectoral or organisational level in consultation with Union interest as appropriate. The resolution of any industrial relations issues arising in connection with these leave arrangements will be dealt with through the procedures provided for in the Croke Park Agreement as appropriate.”
The HSE have now confirmed that they will include these paragraphs in the Circular which they intend to issue prior to 1st April 2012. The Unions have advised that due to the short timeframe, we reserve our right to challenge any matters that may arise.
A synopsis of the proposed change to annual leave is as follows:-
1. The introduction of a minimum annual leave allowance of 22 days and a maximum annual leave allowance, (32 days for existing staff and 30 days for new entrants);
2. The abolition of all local race days and festival days;
3. The assimilation of privilege days and closure days (except Good Friday) into the annual leave allowance of existing staff up to the maximum of 32 days.
4. In the interim, please note that from the commencement of the new leave year, there will no longer be any privilege/closure days. Where management decide to close an office/service on days that are not public/bank holidays employees will be required to take annual leave on those days.
5. Employees who have in excess of 32 days annual leave or whose leave exceeds 32 days after the addition of privilege/closure days, will have that leave reduced to 32 days and will be entitled to compensation of 1.5 days per day of the annual loss as a once off concession.
6. Likewise, compensation of 1.5 times the annual loss, i.e. 1.5 days per day will also be given on a once off basis for the loss of festival/race days etc.
7. Arrangements in relation to Good Friday are not comprehended by this Circular and remain unchanged.
8. The annual leave allowances are exclusive of the entitlement of public holidays and days in lieu of public holidays, where staff work 5/7 rosters and therefore remain unchanged.
If you have leave which has been granted as time off in lieu arrangement, or granted as a result of shift work duties, these should not change.
When new Leave Sheets are issued if you believe your leave has been calculated incorrectly we can advise you, and as you should seek compensation for any loss in accordance with the provisions as set out by the Department of Public Expenditure and Reform we can assist with any difficulty in respect of same.
If you have any questions on any matters relating to this Notice, please contact your Industrial Relations Officer, the undersigned or the INMO Information Office.
Thank you for your attention to this matter.
Is Mise,
PHIL Ní SHEAGHDHA,
Director of Industrial Relations.