Fórsa is reminding SNA members of their access to the Department of Education’s scheme for leave of absence following assault, following a recent incident in which an SNA received a permanent injury following a workplace assault.

Education division organiser Séamus Ryan said the union is keen to ensure that SNAs are aware of the scheme and how to access it, because workplace absences due to injuries from workplace assault are treated differently to sick leave absence.

“Of necessity the union sought to have this scheme in place as it became apparent that many SNAs had, prior to the creation of the scheme in 2017, accessed the sick leave scheme when they were recovering from injuries due to an assault in the workplace.

“Injury due to assault is a uniquely difficult, and sometimes traumatising, experience for any SNA who has been through it. This scheme is designed to recognise that and allow time for an SNA to recover. It’s a process that both SNAs and school management need to be familiar with should an incident arise,” he said.

Séamus added that Fórsa also recognises the term ‘assault leave’ can have negative connotations, both for SNAs and for management:

“There may be a reluctance to apply for the leave scheme because of a perceived blame that might be attached to a particular child involved.

“We understand that SNAs don't want to assign blame to a child who, due to their unique situation may have caused an injury through assault.

"This is not the purpose or intent of the circular, but it’s very important that people use assault leave so that there is a record of the incident, and a trail to follow to help reduce the likelihood of other injuries through assault happening in the future,” he said.

Procedure

The procedure for applying for a leave of absence following an assault is outlined in detail in the department’s circular, and Séamus has also compiled this useful quick guide to the scheme.

The circular defines assault as “physical contact from a third party causing physical injury to a special needs assistant (SNA) in the course of the special needs assistant’s duties and during approved school activities,” and leave may be granted under the scheme to an SNA who is unable to perform their duties due to a physical injury following an assault in the course of their work.

Séamus said: “The scheme only exists because injury due to assault has, unfortunately, been part of the experience of many SNAs. It’s crucial, therefore, that SNAs know their entitlements should such an instance occur in the workplace.

“Nevertheless, for school management and all stakeholders, eliminating the risk needs to be part of the process of the planning and delivery of the unique work carried out by SNAs.

“Our SNA colleagues were shocked to hear about the most recent incident, and in circulating this message Fórsa wants to ensure that SNAs know they have the necessary supports should they experience an assault-related injury at work,” he said.

More details on the scheme can be accessed in the Circular

You can read Séamus’s quick guide to the scheme HERE.

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