Assault Leave for schools a necessity – make it the law

Assault Leave for schools a necessity - make it the law - The Labour Party

Labour Senator Laura Harmon has today published a bill that would provide teachers and SNAs with support if they experience assaults at work.

The Education (Leave for Personal Injuries) Bill 2025 would establish standards for a scheme relating to leave for teachers and special needs assistants who are assaulted at work.

The Bill has been drafted in consultation with the INTO and Fórsa. Launching the Bill, Senator Harmon has invited all stakeholders to engage with the legislation.

Senator Harmon said:

“This is about safety at work for staff and children. The reality is that our teachers and special needs assistants often work in challenging environments. When a teacher experiences an assault at work, the impact can be physical, emotional and long-lasting.

“Most of these injuries are not the fault of children and do not have any malicious intent behind them but we need to ensure that teachers and SNAs are supported and received the financial support they need.

“Labour’s Bill aims to ensure that teachers and SNAs are properly supported, and to provide clarity about time off for recovery, income and job security.

“As it stands, the maximum leave that can be taken is three to six months, but some people require longer time to recover. Labour’s bill would address this, and provide a sense of certainty to the over 400 teachers who last year availed of assault leave following incidents in the classroom.

“I have worked closely with Cork teacher Sophie Cole on drafting this bill. Sophie was let down by the State. Having suffered a life-altering injury from an assault in the classroom, she was entitled to just three months’ assault leave pay. One of the greatest challenges she faced was a lack of support from the Department.

“Having Departmental protections in place is crucial. Anyone who experiences an assault at work in the classroom should have the backing of the Department to focus on their recovery. No one should be in a position where they can’t pay their mortgage or rent, their medical bills, or wonder about where the money will come from for the weekly shop.

“Labour was the only party to mention this issue in its General Election manifesto, and we are committed to seeing these safeguards and protections put in place for our school communities.”

Speaking on the publication of the Bill, Sophie Cole, a special education teacher, said:

“The proposed Bill from Labour represents a critically important step forward in providing necessary supports to teachers and SNAs who experience assaults in the classroom.

“This Bill provides essential financial relief immediately, covering medical costs and related expenses, and ensures that teachers and SNAs are paid for the duration of medically certified leave.

“Any teacher or SNA who suffers an assault should not be in a position where they can’t pay their mortgage or rent, their medical bills, and struggle to put food on the table.

“By removing the financial burden from teachers and SNAs during their recovery, the Bill prioritises their well-being and highlights the importance of focusing solely on healing, without the added stress of financial instability.”

Samantha O’Flanagan, Equality & Campaigns Officer, Fórsa NDNL SNA Branch said:

“The current Circular fails to reflect and support the complexity of the issues faced by SNAs and teachers in schools.

“As SNAs, we understand that most incidents arise because of a child’s unmet needs, communication difficulties, or a lack of appropriate supports – not a place of malice.

“That said, staff must be properly supported when incidents occur. The Department has a duty of care to protect the health, safety, and wellbeing of school staff. This should never be compromised by budget constraints. SNAs and teachers must be paid for the full duration of any medically certified leave. We dedicate our lives to supporting children – we need the Department to show the same dedication to supporting staff.”

ENDS

The Bill is available at this link: https://labour.ie/wp-content/uploads/2021/10/Assault-leave-28-April.pdf