Little Rainbows Final Staff Handbook 2024

Little Rainbows
Crèche
Staff Handbook
Please refer to our COVID-19 19 Policies and Procedures, which

are used in addition to this document for the duration of the
emergency
Griffith Woods Location: Griffith Woods, Griffith Avenue, Dublin

Phone Numbers: 01-4853063
Email: littlerainbowsgw@gmail.com
Artane Location:39 Ardlea Road, Artane, Dublin 5.

Phone Number: 01-8712251
Email Address: littlerainbowsd5@gmail.com
Santry Location: The Ashes, Santry, Dublin 9

Phone – 01-5384951/0874867399
Email – littlerainbowsd9@gmail.com
Web – www.littlerainbows.ie
Owner – Anne Campbell
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CONTENTS Page
Welcome 4
Company Structure 5
Introduction and Management and Staffing Structure 6
Employer Requirements 8
Company Information & Policies 9
1. Employer Information for Employees 10

•
Absence Due to Unforeseen Circumstances 10
•
Car Parking 10
•
CCTV 10
•
Changes in Personal Circumstances 10
•
Changes in Policies & Terms & Agreements 10
•
Childcare Policies & Procedures 11
•
Commitment & Flexibility 11
•
Compassionate Leave 11
•
Conduct 11
•
Confidentiality 12
•
Conflict of Interest 12
•
Contracts of Employment 12
•
Data Protection 13
•
Double Employment 13
•
Dress Code 13
•
Employee Property 13
•
Employee Records 13
•
Expenses 14
•
Hours of Work & Timekeeping 14
•
Induction 14
•
Job Descriptions 14
•
Lay off & Short Time Working 14
•
Medical Appointments 15
•
Mobile Phones 15
•
Payment of Wages 15
•
PRSA 16
•
Probation 16
•
Recruitment 16
•
Resignation 17
•
Rest Breaks 17
•
Retirement 17
•
Return of Employer Property 17
•
Smoking 17
•
Social Networking 17
•
Staff Room 17
•
Staff Meetings 18
•
Staff Absence 18
•
Staff Training 18
•
Supervision and Appraisal 18
•
Termination of Employment 18
2
•
The Right to Disconnect 19
•
Time Keeping 19
•
TOIL 19
•
Time Sheet 19
•
Trade Union 20
2. Alcohol & Substance Misuse 21

3. Code of Ethics 23
4. Communication & Internet/Email 25
5. Disciplinary 31
6. Dignity at work 39
7. Dress Code 40
8. Equality 41
9. Grievance 43
10. Health & Safety 46
11. Information Technology 49
12. Prevention of Workplace Bullying/Harassment/Sexual Harassment 51
13. Probation 60
14. Protected Disclosures 62
15. Redundancy 64
16. Sick Leave 67
LEAVE ENTITLEMENTS 70
17. Annual Leave 71

18. Carers Leave 74
19. Force Majeure Leave 79
20. Jury Service/Witness Leave 81
21. Maternity Leave 82
22. Adoptive Leave 87
23. Parental Leave 89
24. Paternity Leave 91
25. Parent‘s Leave 94
EMPLOYEE ACCEPTANCE SIGN OFF SHEET 99
WELCOME
We would like to take this opportunity to welcome you to your employment with Little
Rainbows Crèche (hereinafter called ‘The Company’). The Company aims to encourage an
open and communicative Managerial style that promotes continuous self-development and a
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supportive work environment. In addition, our aim is to provide a good and a safe work
environment to help you to realise your career potential and maintain a high level of job
satisfaction.
4
As an employee you will play an essential role in helping us to realise our business
objectives. We hope that you will enjoy working with us over the coming years and that we
will be able to provide you with the guidance and support required to allow you to drive your
career forward.
As we will play a large part in the development of your career both personally and
professionally, we look forward to assisting you in any way possible to achieve your own
personal goals and objectives in line with our business practice.
We hope that you will find this handbook interesting and informative. If there are any details
you do not understand, please contact the Manager. This handbook documents our policies
and procedures and other relevant information pertaining to your employment with us.
Disclaimer Little Rainbows Crèche has taken all reasonable care in relation to the accuracy of the information in
this Staff Handbook. The information is intended as a guide only and does not purport to be a legal interpretation.
Little Rainbows Crèche does not make any warranties regarding the accuracy or completeness of the data
contained in this handbook.
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COMPANY STRUCTURE
We operate a line management system where all employees report to the Manager and
overall, to the Owner. The Employer is the Owner of Little Rainbows Crèche. The Owner
has overall responsibility for operations, human resources, health and safety and the
delivery of high quality childcare and early learning services. The Owner takes responsibili
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for the strategic planning of the services managing the administration, planning and
development of policies. The Manager directly manages the Early Years and auxiliary staff.
Employees include full-time, part-time and term time employees. All Early Years workers are
assigned to a particular service or room within that service but Management reserve the
right to change the service or room assignments according to the needs of the business.
As an integral part of your employment contract, you are required to study these guidelines
carefully. It is important to be aware of all the procedures and codes of practice. Please note
that from time to time this handbook may be amended.
Finally, I would like to reiterate our commitment to you and to your career and wish you a
very successful career with us.
Anne Campbell
Little Rainbows Crèche
Introduction
Little Rainbows Crèche provides a quality Early Years’ Service and Afterschool. We pride
ourselves on offering a homely and educational environment which encourages
opportunities to develop self-esteem and confidence in the children attending the service.
At Little Rainbows Crèche children learn and grow through our designed curriculum for
lifelong learning. Children are empowered to become confident, active and engaged
learners, supported by a qualified staff.
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Management and Staffing Structure
This is a private service owned by Anne Campbell with the day-to-day operational
responsibility designated to the Manager.
Key Personnel
Ardlea Road – Opening Hours 8am to 6pm
Manager (Person in Charge): Christina Ward
Deputy in the absence of the Manager: Dayna Hobbs
Health and Safety Officer: Dayna Hobbs
Fire Officer: Dayna Hobbs
First Aid Co-ordinator: Christina Ward
Child Protection Officer: Christina Ward
Deputy Child Protection Officer: Dayna Hobbs
Data Controller: Anne Campbell
Key Personnel
Santry Place – Opening Hours 8am to 6pm
Manager (Person in Charge): Ann Maher
Deputy in the absence of the Manager: Catherine Dunne
Health and Safety Officer: Catherine Dunne
Fire Officer: Catherine Dunne
First Aid Co-ordinator: Catherine Dunne
Child Protection Officer: Ann Maher
Deputy Child Protection Officer: Catherine Dunne
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Key Personnel
Griffith Woods – Opening Hours 7:45am to 6pm
Manager (Person in Charge): Katie Campbell Egan
Deputy in the absence of the Manager: Kellie Mahony
Health and Safety Officer: Katie Campbell Egan
Fire Officer: Katie Campbell Egan
First Aid Co-ordinator: Kellie Mahony
Child Protection Officer: Katie Campbell Egan
Deputy Child Protection Officer: Kellie Mahony
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EMPLOYER REQUIREMENTS
In advance of your employment with us we require the following information from you:
· Signed contract of employment.

· Qualifications – sight of originals to be copied and certified for personnel file.
· References two required and one from previous employer.
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· Employees bank details (if applicable).
· Garda Vetting Forms and International Police Check if applicable.
· Curriculum Vitae
· ID – Passport or Driving Licence
Your Employment Record is very important. It contains all relevant information pertaining to
your employment including address, telephone number, emergency contact details,
educational attainments etc.
In order to ensure that employee records are kept up to date you are required to inform the
Manager of any changes made to the following:
•
Name due to change in marital status or otherwise.
•
Address and contact details.
•
Next of kin/emergency contact details.
•
Additional qualifications acquired.
•
Bank details.
•
Notification of any employment outside of the Service.
If you have any queries relating to personal income tax please contact your local tax office or
http://www.revenue.ie
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COMPANY INFORMATION
AND POLICES AND
PROCEDURES
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1. EMPLOYER INFORMATION FOR EMPLOYEES
Absence Due to Unforeseen Circumstances

Employees are obliged to attend work under the terms of their contracts of employment.
This applies even in extreme weather conditions. Therefore, the employer is not obliged to
pay employees in such circumstances. However, in the interest of health and safety and
with due regard for these special circumstances, management will assess each situation on
a case-by-case basis. In the event where circumstances arise that employees cannot attend
work, management reserve the right to introduce any of the following: (a) Employees take
unpaid leave, (b) Employees take annual leave or (c) Employees are laid off. Management
reserve the right to utilise all options outlined above as necessary.
Employees are expected to make reasonable efforts to get into work (for example, using
alternative travel arrangements). If the employee believes that there is a health and safety
risk involved they should not travel. Employees should notify the Manager by phone call as
early as possible ahead of the commencement of their shift so that alternative cover
provisions can be put in place. Text messages, voicemails or emails are not considered an
appropriate way of conveying this information. Failure to appropriately notify the Manager of
absence in accordance with the above procedures may results in disciplinary action been
taken
Car Parking
Cars are parked at the car owner’s own discretion and risk.
CCTV
Little Rainbows Crèche, Artane, Santry Place and Griffith Woods has a CCTV system in
operation in the office, hallways, exit, entrances and gardens of the service. The system
records images only (no audio recording). Our CCTV policy is available in the Childcare
Policies and will be brought to your attention on commencement of employment. This policy
is in line with the General Data Protection Regulation (GDPR) and the Irish Data Protection
Act 2018.
The CCTV is in operation for health and safety, child protection reasons and in the event of a
complaint from a parent or staff member it can be used if required. In the event that CCTV is
viewed for the above purposes and in the course of viewing for a particular reason any
employee is viewed to have breached policies and procedures, health and safety or where
there is poor practice evidenced, this will be brought to the employee’s attention. In such
situations it may be necessary to invoke the disciplinary policy and procedure. Employees
are reminded that the disciplinary process includes warnings up to and including dismissal.
Changes in Personal Details

Employees must notify the Manager of any change of name, address, telephone number,
etc., so that we can maintain accurate information on our records and make contact with you
in an emergency, if necessary, outside normal working hours.
Changes in Policies and or Terms and Agreements

Changes in the policies and procedures included in this Handbook will be notified to you
before the date of the proposed change. In the event that legislation changes in relation to
any particular policy (for example, Parental Leave) this will be duly updated.
Childcare Policies and Procedures
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At the start of your employment with Little Rainbows Crèche you are required to complete
an induction session during which all our policies and procedures (including Employment,
Childcare, Health and Safety and Data Protection) will be outlined to you. Information
relating to these will be given to you at the induction.
Each employee will be issued with a copy of the “Health and Safety Statement”, “Childcare
Policies and Procedures” and the “Parents Handbook”. You are required to study these
three documents carefully.
As a staff member you are required to follow all policies and procedures within these
documents. You are required to comply fully with the Child Care Act 1991 [Early Years
Services] Regulations 2016 and the Child Care Act 1991 [Early Years Services] [Registration
of School Age Services] Regulations 2018, which are incorporated into the information
provided to you in the above and this document.
Commitment and Flexibility

You shall at all times use your best endeavours to promote and protect the interests of the
Service and shall not do anything which is harmful to those interests. You shall not use in the
performance of your duties any proprietary or confidential information of any former
employer or other third party in breach of any previous confidentiality undertaking. You shall
devote time, attention and abilities to the duties of your employment and such additional time
as is necessary for the proper fulfilment of those duties.
You will be required to be flexible in the role and commit to undertaking work which may be
outside of your normal duties, and/or to working outside of your normal working hours, in
order to facilitate business needs.
You will be required to attend staff meetings, which take place monthly, outside of working
hours and are unpaid.
Compassionate Leave
Compassionate leave is not a legal entitlement, but management is sympathetic in cases of
family bereavement and subject to management approval, leave may be granted as follows:
➢
Employee’s immediate family, i.e., partner, children, mother, father, sibling - three [3]
days paid leave
➢
Employee’s indirect family, i.e., their grandparents, partners immediate family- one [1]
days paid leave.
All other leave requested for bereavement must be taken as holiday/unpaid leave. Compassionate
leave is subject to a maximum of five [5] days in any one twenty-four
[24] month period.
Conduct of Staff
You must maintain the highest standard of personal conduct and be positive, enthusiastic
and cheerful. You must never raise your voice in an inappropriate manner to a child in your
care or to another member of staff. You should treat all children, staff and Management with
dignity and respect. Bad language, smoking and inappropriate social conversations are not
permitted on the premises. Personal hygiene should be of a high standard. Personal mobile
phones or any personal digital devices, such as Smart Watches must not be used including
texting, photographing or recording of any sort. Phones should be stored in
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handbags. The telephones in the Centre are for business use only and should not be used
for personal calls.
Confidentiality
You may not disclose any information of a confidential nature relating to the Employer or the
Employer’s business to any third party or after your employment except in the proper course
of your employment or required by law. You must never discuss a child or a parent/family
with a third party. If you have any issues they should be directed to Management
immediately. A breach of this policy is a serious matter and may lead to disciplinary action
up to and including dismissal.
You will be expected to keep all information concerning Little Rainbows Crèche, its
customers, third parties, and any other connected organisation with whom you are involved
as an employee of this organisation, absolutely confidential. Any deliberate breach of
confidence will be regarded as a matter justifying summary dismissal. This requirement for
confidentiality extends beyond your period of employment.
All documents including files, papers, letters and correspondence remain the property of the
Organisation. Employees are not permitted to make copies of any such documents save in
the exercising of their duties
You may not remove from the Company’s premises at any time, without proper advance
authorisation, any document or other property which belongs to the Company or contains or
refers to any confidential information relating to the organisation, its customers, third parties
or any organisation within the Company. You will return to the Company, prior to termination
of your employment, any documents or other organisation property that subsequently comes
into your possession or procurement in the future.
Any curriculum plans, working practices, policies and procedures or other documents that
you may develop or work on during your employment with the Company will remain the
property of the service. Any breach of confidentiality will invoke the disciplinary process.
Conflict of Interest
During your employment, you will be required not to directly or indirectly engage in any
activity which might be in conflict with the business or activities of the Company. You will be
expected to devote your entire working time and attention to Company affairs and therefore
you may not, without the prior written consent of the Manager, be involved in any outside
business or enterprise that may impact on your work commitments to Little Rainbows
Crèche or be in conflict with same.
Contracts of Employment
All employees are issued with a contract of employment and it contains the main terms and
conditions of your employment. You are also required to follow and adhere to the policies
and procedures within the Staff Handbook and our Childcare Policies and Procedures and
requirements under our Health & Safety Statement.
Data Protection Acts 1988 -2018

In line with the Data Protection Acts 1988 -2018, we have a Data Protection policy. This
policy outlines our practice in relation to conforming to the provisions of the legislation and
regulations.
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Under the provisions of the Act’s & Regulations the service has appointed a “Data
Controller” to manage the storage of personal information about staff, children, and families
in its computerised and manual records.
Please see our Separate Data Protection Policy and Procedures for the full Policy.
Double Employment
During your employment, you are expected to devote your time, attention and skills
exclusively to the business of the company and you must use your best endeavours to
promote the interests, business and welfare of the company. Should you, during the
continuance of your employment engage in other work or employment for any other party
you must notify the company. You are therefore requested to declare any such employment
or intended employment to your Manager. Employees who fail to declare other employment
may be liable for disciplinary action.
Dress Code
In keeping with the environment within which we operate, it is essential that we continue to
enhance our professional image. Employees must present for work in the following uniform:
T-shirt with the company logo (2 supplied by the company), black trousers and flat
comfortable shoes. Body piercings (apart from simple stud earrings) and tattoos should not
be on view. Loose hair must be tied up or clipped back. False and Gel nails are not
permitted. Personal hygiene should be of a high standard and the uniform kept clean and
tidy. Please see the Dress Code Policy.
Employees' Property
We do not accept liability for any loss of, or damage to, property which employees bring onto
the premises. Employees are requested not to bring personal items of value onto the
premises and, in particular, not to leave any items overnight.
Employees should immediately report any property, lost or found to the Manager.
Employment Records
Employee’s employment records are very important. They contain all relevant information
pertaining to employee’s employment including address, telephone number, emergency
contact details, educational attainments etc. It is most important that these records are kept
up to date. In order to ensure that employees records are kept up to date you are required to
inform Management of any changes made to the following:
•
Name due to change in marital status or otherwise.
•
Address and contact details.
•
Next of kin/emergency contact details.
•
Additional qualifications acquired.
•
Notification of any employment outside of the service.
Expenses
Relevant agreed expenses will be reimbursed to you from petty cash on the production of
receipts.
Hours of Work and Timekeeping

Little Rainbows Crèche is open from Monday to Friday. For opening hours please see
above. Employees should refer to individual contracts for exact working hours. Employees
should be present on the premises approximately five [5] minutes before they are due to
commence work. Disciplinary action will be taken against persistent lateness.
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There may be a requirement for you to attend work for Parent/Teacher Meetings outside
these hours.
In certain circumstance Little Rainbows Crèche may require you to adjust or exceed the
hours above in order to ensure the efficient discharge of your duties and/or to meet the
needs of the Service. Under these circumstances the company will act in accordance with
the Organisation of Working Time Act 1997. Any additional hours will be paid or given back
as time in lieu.
Induction
At the start of your employment as part of the induction session(s) you will be made aware of
the standard procedures and code of practice applicable to your individual role and
responsibilities. From time to time, we may amend the content of this induction and will
require employees to undergo further training, as necessary. Matters covered will be:
•
General introduction to the Company and the service in which they are employed.
•
Employment Contract and Staff Handbook.
•
Employee Policies and Procedures.
•
Childcare Policies and Procedures.
•
Afterschool Policies and Procedures.
•
Health & Safety Policies, Procedures and Practices.
•
Data Protection – General Data Protection Regulations
•
Good working practices within the Service
•
Structure of the Company.
•
Working with parents.
•
Working with children.
•
Working as part of a team.
•
Recording.
•
Child protection.
Employees will consult and liaise with the Manager and may also be “paired up” with another
employee to ensure that they have a resource to answer questions during this period.
Job Description
You have been provided with a job description of the position to which you have been
appointed but amendments may be made to your job description from time to time in relation
to our changing needs and your own ability. It may be necessary for you to perform
alternative duties within the business.
Lay-off / Short time

Little Rainbows Crèche reserves the right to lay an employee off from work or reduce their
working hours, where, through circumstances beyond its control, it is unable to maintain
employees in employment or in full time employment. Employees will receive as much
notice as is reasonably possible prior to such layoff or short time. An employee will not be
paid during a lay off period. An employee will be paid for hours actually worked during
periods of short time. You will not accrue annual leave during your period of lay-off however,
you will receive payment in respect of any public holiday entitlement which accrues during
the first thirteen weeks of lay-off.
Medical Appointments
Employees are expected to arrange dental, medical and other such appointments outside of
your working hours. If this is not possible, you should inform the Manager as to the length of
absence required in order to facilitate any necessary arrangements and obtain their approval
prior to taking any such absence. You should provide the Manager with a medical certificate
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or hospital letter to confirm appointments. Time off for appointments should be taken as sick
leave. Sick leave is unpaid.
Employees are entitled to paid leave for antenatal care. You must give the Manager at least
two weeks’ notice before each appointment and except in the case of a first appointment,
produce an appointment card or other appropriate documents, if requested.
In situations where an employee has a statutory entitlement to take time off for medical
appointments during office hours, The Company will facilitate this in a manner which is, so
far as possible, mutually convenient.
Mobile Phones
Personal mobile phones must not be used while in ratio, including for texting, photographing
or recording of any sort. Staff must not have personal mobile phones in the care rooms.
They should be stored in handbags/pockets and stored in a suitable place that is
inaccessible to children. The telephones on Company premises are for business use only
and should not be used for personal calls.
Payment of Wages
Wages and other payments will be direct debit to your bank account weekly, in arrears by
bank transfer on a Friday. Each employee will be given a payslip. You will receive a wages
advice slip showing your gross pay, deductions and net sum paid. All relevant and agreed
expenses will be reimbursed to employee subject to submission of receipts and authorised
expenditure.
The pay reference for the purposes of Section 3 the Terms of Employment Information Act
1994, as amended is one week.
All salary and other payments shall be subject to deductions for PAYE, Pay Related Social
Insurance (PRSI) contributions and other agreed and statutory deductions.
Please note that it can take two to three working days for payment to reach your account.
Employees should check their bank to ensure payment has been received. If an error
occurs, please inform the Manager immediately so that the error can be rectified. Please
note any bank charges incurred by you will be paid by you and not Little Rainbows Crèche .
Little Rainbows Crèche reserves the right to alter the manner, method or frequency of
remuneration where necessary. You will be notified in writing of any such alteration.
You may request a written statement of your average hourly rate of pay for any pay
reference period falling within the previous 12 months as set out under the National
Minimum Wage Act, 2000.
If you are overpaid for any reason, whether an overpayment of salary, emoluments, benefits
in kind or tuition fees, the company reserves the right to clawback any overpayment from
your wages at the next weekly payroll, or on your leaving Little Rainbows Crèche
employment or over a period of time where this would cause financial hardship. The
company may, at its discretion make arrangements with you to deduct the overpayment over
a longer period of time. If on leaving employment payment is due for annual leave or other
payments this will be included in final pay.
The Service reserves the right to alter the manner, method or frequency of remuneration
where necessary. You will be notified in writing of any such alteration. You will be informed in
writing of any regular or single deductions to be made.
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Personal Savings Retirement Account [PRSA]
Management provides employees with access and information to PRSA Scheme. Interested
employees should request information from the Manager. A PRSA is a 'Personal Retirement
Savings Account'. They are a contract between yourself and a PRSA provider. You invest
either regular payments or one-off contributions, or both. You will be able to claim income tax
and PRSI relief on contributions payments.
Employees may contribute to a PRSA scheme. Employees on commencement of

employment will be given information about the PRSA scheme currently available.
Employees on commencement of employment who wish to contribute to the nominated
PRSA scheme will be given an opportunity at this time to meet with Service’s nominated
PRSA provider. The Service will on an annual basis circulate information in relation to the
PRSA scheme to employees. Employees will be reminded of the option to join this PRSA
scheme and seek information from the PRSA provider. This will be arranged with
Management.
Probation
A probationary period of six [6] months shall apply from the date of commencement in order
to ascertain your suitability and performance in relation to the position. During this time your
performance will be monitored and you will be advised on your performance. Provided a
satisfactory standard is achieved and maintained, your employment will be confirmed. The
probation period may be extended subject to the discretion of Management. The
probationary period may be extended up to a further three [3] months. The grounds for such
an extension will be outlined to you. Your employment may be terminated at any time during
the assigned probationary period by Little Rainbows Crèche giving you one weeks’ notice or
pay in lieu of such notice. There is no notice period applicable for the first thirteen weeks for
either party.
Recruitment
In line with the Child Care Act 1991 [Early Years Services] Regulations 2016 and the and the
Child Care Act 1991 [Early Years Services] [Registration of School Age Services]
Regulations 2018, we have a recruitment policy and procedure. This policy outlines our
practice in relation to recruitment and selection. In addition, the policy outlines our garda
vetting process and how we deal with any risk assessment in relation to Garda vetting. All
staff working in the service must be Garda vetted. Our vetting is renewed on a 3-yearly
basis.
Please see our Childcare Policies and Procedures for the full policy.
Resignations
All resignations by employees must be supplied in writing and outline their reason for
resigning. We will then confirm our acceptance of your resignation. Your date of leaving will
be confirmed to Revenue together with your final pay. See Termination Policy in the Staff
Handbook. Four weeks written notice is required unless by management.
Rest Breaks
The Organisation of Working Time Act, 1997 sets out the requirement for rest breaks. The
Act specifies that breaks are fifteen [15] minutes if you have worked 4.5 hours and thirty [30]
minutes if you work more than six [6] hours. The fifteen [15] minute break can be included in
the thirty-minute break. The rest breaks in the service are typically 45 mins paid break.
The service operates a roster system which includes 5 rosters – 08.00am to 6.00pm,
08.00am to 1.30pm, 09.00am to 2.00pm,12.00pm to 6.00pm and 1.30pm to 6.00pm. The
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roster is issued to staff weekly. Rosters are issued on Thursday/Friday for the forthcoming
week.
In line with the Child Care Act 1991 [Early Years Services] 2016 and the Tulsa, Quality
& Regulatory [QRF] 2018, our rosters show break periods for employees and the cover
for breaks.
In the event that for any reason an employee does not receive their break, they should bring
this to the attention of the Manager as soon as possible.
Retirement
Retirement is in line with the statutory pension age entitlement.
Return of Little Rainbows Crèche Property

On the termination of an employee’s employment, they must return all Little Rainbows
Crèche property which is in their possession or for which they have responsibility.
Smoking
Little Rainbows Crèche premises are a “Smoke Free Zone”. Smoking is strictly forbidden in
all areas it is a breach of legislation to be found smoking in the workplace. E-cigarettes are
not permissible for use in the workplace. An employee may be subject to disciplinary action if
found to be smoking on the premises.
Social Networking
Staff may not use social networking sites to befriend parents whose children attend
Company services or to exchange any information about the service or children/parents
attending the service or colleagues working within the Service. See our policy in the
handbook for further information.
Staff Room
The Company provides a staff room area. Please ensure that the employee area is clean
and tidy and is always left in a presentable manner after use. The counters must be clear of
clutter when not in use. Personal belongings should be kept in lockers.
Staff Meetings
You are required to attend regular staff meetings. The purpose of these meetings will be to:
•
Share information about children’s development.
•
Discuss issues and how to achieve solutions.
•
Support each other and the work of the team.
•
Devise work programmes for each of the learning areas.
Staff Absences
Regulations 2018, we have a staff absence policy. This policy outlines our practice in
relation to staff absences and that the service will not operate if the appropriate number of
Staff is not available. The service will always operate within the appropriate ratios.
Staff Training
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Regulations 2018, we have a staff training policy. This policy outlines our practice in relation
to staff training and qualifications.
Supervision and Appraisal Policy

Regulations 2018, we have a supervision and appraisal policy. This policy outlines our
practice to provide a clear and focused supportive framework for employees to work within.
Termination of Employment
In the event of termination of employment by the employee the notice period to be given by
the employee is:
•
Less than 13 weeks service – one months notice is required
•
More than 13 weeks service to 6 months service – one months notice required.
•
After 6 months service - one month’s notice is required.
In the event of termination by the employer the notice period to be given by the employer is:
•
Less than 13 weeks service – one weeks notice
•
More than 13 weeks service up to 6 months service – One [1] week.
•
6 months service but less than less than 10 years’ service – One [1] month.
•
10 years’ service or more but less than 15 years’ service – Six [6] weeks
•
15 years’ service or more – 8 weeks
Little Rainbows Crèche reserves the contractual right to give you pay in lieu of all or any
part of the notice periods above, which you are required to give to or/are entitled to receive
from Little Rainbows Crèche . There is no notice period applicable for the first thirteen weeks
for either party.
In the event of termination of employment through dismissal, all disciplinary matters will be
dealt with in accordance with the company disciplinary procedure.
Little Rainbows Crèche reserves the contractual right to give you pay in lieu of all or any
part of the notice periods above, which you are required to give to or/are entitled to receive
from Little Rainbows Crèche .
Management reserves the right to give you pay in lieu of any period on notice, which you are
required to give to or/are entitled to receive from Little Rainbows Crèche .
Little Rainbows Crèche shall be entitled to terminate your contract without notice or
payment in lieu of notice if you are guilty of gross misconduct.
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The Right to Disconnect
The Right to Disconnect grants all employees the right to fully disengage from work-related
activities outside of their normal working hours. This includes the right not to respond to
emails, phone calls or other messages outside of that window. Employers should be
mindful of their expectations of their employees in light of the following 3 rights enshrined in
the Code:
- the right of an employee to not have to routinely perform work outside their normal
working hours
- the right not to be penalised for refusing to attend to work matters outside of
normal working hours
- the duty to respect another person’s right to disconnect (for example: by not
routinely emailing or calling outside normal working hours).
Time Keeping
Staff should be present on the premises approximately five [5] minutes before they are due
to commence work. You must “sign - in”. You should be in your room at the designated start
time. Persistent lateness will result in disciplinary action. Staff must record and submit their
hours worked and breaks taken using the Organisation of Working Time form supplied by
Management (OWT1 Form).
Time Off in Lieu (Toil)

TOIL is granted for all hours worked in excess of the normal working week, e.g., evening
meetings, and this should be approved in advance by the manager. To claim TOIL
employees must inform the manager of TOIL hours accumulated and they should be taken
as soon as possible. Where possible approval should be sort in advance of working extra
hours.
Timesheet
Employees are required to ‘sign in’ and ‘sign out’ daily.
All employees are required to ‘sign in’ in the Registration Book.
The Service places great importance on punctuality. Employees should be at their place of
work five [5] minutes prior to their start time and ready to commence work at their required
starting time. The Service will use appropriate means to record timekeeping and attendance.
A poor record of timekeeping may lead to disciplinary action, up to and including dismissal.
Trade Union
Employees are entitled to become a member of a Trade Union. It may be helpful to confirm
to your employer if you are a member of a union during your employment.
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2. ALCOHOL & SUBSTANCE MISUSE
Purpose
Little Rainbows Crèche, as your employer, under legislation have a duty to ensure so far as
is reasonably practicable, the health and safety of all employees and similarly you have a
responsibility to yourself, your colleagues and to the children in your care.
Scope
All employees in Little Rainbows Crèche.
Policy & Procedure

The use of alcohol and drugs may impact on the health and safety of the children,
employees, parents and on the operations of the business in terms of safety and efficient
running of the service. In such situations while acknowledging our duty of care as an
employer to employees the interest of the child will always be a priority.
•
Substance abuse of any nature is prohibited at Little Rainbows Crèche . This
includes alcohol, drugs or any other substance which could impair judgement.
•
There is a zero-tolerance level for use of any substances at Little Rainbows Crèche
which could impair judgement. This means consumption of ANY alcohol or drugs,
(except prescription drugs used according to instruction) is strictly prohibited.
•
Where an employee has been prescribed medication, the employee is required to
make known to the prescriber the work duties and environment they work in. The
employee shall ascertain whether the medication can produce side effects that may
adversely affect the performance of their work and delivery of responsibilities to the
children in their care. Employees are required to advise their Manager of same.
•
If an employee’s performance or attendance at work is affected as a result of alcohol
or drugs or if Little Rainbows Crèche has a reasonable belief that an employee has
been involved in drug related activities or an offence, then the disciplinary policy and
procedure may be invoked. The disciplinary procedure has levels of warning up to
and including dismissal. In the event that a problem arises in the workplace that is
associated with the use of prescribed medication a claim by an employee of
ignorance about possible side effects of the medication shall not be regarded as
acceptable.
If an employee’s work performance or behaviour is unsatisfactory and the Manager

suspects that there may be instance of suspected intoxication in the workplace the
Manager or supervisor will record the factors supporting this conclusion, for example:
smell of alcohol on breath, dilated pupils, impaired co-ordination or speech.
•
Should Little Rainbows Crèche have a reasonable belief, following this meeting that
an employee is under the influence of some form of intoxicants it may at its discretion
send an employee home for the remainder of the day without pay. This is not
disciplinary action but rather in the interests of health and safety of the employee, the
children in your care, work colleagues and parents.
•
If an employee discloses a substance abuse issue Little Rainbows Crèche will offer
the employee support in terms of referrals to our Occupational Medical Adviser and
to support groups etc. However, the interest of the child always comes first and the
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employee will be unable to attend work until such time as they are fully well and able
to return to work and perform their duties and responsibilities in full. In such
circumstances the employee will be on sick leave and will require a fitness to work
certificate from their own GP. Little Rainbows Crèche reserves the right to ask them
to attend a nominated Little Rainbows Crèche GP for fitness to work also.
•
If the employee returns to work following referral to a programme/other supports.
Little Rainbows Crèche will work with the support programme to ensure that
appropriate checks are in place in the workplace to ensure that the employee is fit to
work fully in the service and complete all duties and responsibilities.
•
Failure to comply with any part of this policy will result in the employee being subject
to the Disciplinary procedure and may result in dismissal.
•
Where the interest of the child and the interest of the adult conflict, Little Rainbows
Crèche will always prioritise the interests of the child in line with Children First
guidelines and Little Rainbows Crèche Child Safeguarding policy.
3. CODE OF ETHICS - WORKING WITH CHILDREN
Purpose
Young children develop best through close affectionate relationships and positive,
responsive interaction with others, particularly adults but also with other children. Warm
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relationships are fundamental to meeting the young child’s need for love, security,
recognition and encouragement.
Scope
All employees of Little Rainbows Crèche .
Policies and Procedure:

The service will ensure staff are fully informed and knowledgeable about their critical role in
the lives of the children in their care. Adult/child interaction is a key element of working with
children. Adults should in principle allow the children lead the activity. Adults can invite the
child to participate, look and listen.
This applies to all those working in the service including employees, students, volunteers,
SNA’s, external agency staff.
Adults should adopt the following practices when interacting with children
DO...
•
Provide constant supervision to ensure children are safe.
•
Make strong eye contact.
•
Be at the child’s level – focus on the child/children.
•
Check the child is understood.
•
Give encouragement and positive feedback.
•
Work with the child to develop their skills in relation to mediation and conflict resolution.
•
Extend the child’s language.
•
Use clear communication skills – questions, responses, discussion, leading to other
subjects.
•
Ask questions – how did you do that? - tell me about that?, how?, why?
•
Use props.
•
Be sensitive to the child’s needs and partnering play.
•
Ensure the child is comfortable.
•
Language – short repeat words, extend language – in line with the child’s developmental
age.
•
Use all occasions to engage children – greetings – lunch.
•
Repeat your message if something is not correct (not in negative way).
•
Organise activities – that reflect children’s interests – enjoyable, accessible to child.
•
Allow children – freedom of choices, within reason.
•
Listen, encourage and praise – applies to adults, children, parents/guardians.
•
Be a positive role model. Remember children learn what they see and hear.
•
Encourage children to engage in activities which will calm or relax them.
•
Be aware that the weather can effect children – rain, wind, heat.
•
Follow the child’s lead.
•
Have FUN!
DON’T...
•
Use mobile phones when supervising children.
•
Use abusive/threatening behaviour or language.
•
Use raised voices – speak in soft tones.
•
Isolate children.
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4. COMMUNICATIONS [EMAIL, INTERNET, SOCIAL MEDIA and WHATSAPP]
Purpose
The purpose of the communications policy is to provide a framework to ensure that there is
continuity of procedures in the usage of Internet and Email usage by employees within Little
Rainbows Crèche . To ensure that staff understand the requirements of social media while
an employee of Little Rainbows Crèche and the procedures on the use of mobile phones in
the workplace.
Scope
Policy & Procedure

Please review this policy in conjunction with the Policy on the Use of the Internet and
Photographic and Recording Devices in our Child Care Policy Document.
We have devised a policy that provides maximum use of the facility whilst ensuring
compliance with the legislation throughout. The company’s email and internet facilities are
monitored on a regular basis. Excessive or inappropriate use of these facilities will result in
disciplinary action, up to and including dismissal.
Social media is the collective term referring to social and professional networking sites (for
example Facebook, LinkedIn) microblogs (such as Twitter), blogs, boards, electronic
newsletters and other similar online platforms. The policy extends to all such sites and
incorporates any future developments of such media.
The absence of, or lack of explicit reference to a specific site does not limit the extent of the
application of this policy. Where no policy or guidelines exist, employees should use their
professional judgment and take the most prudent action possible. Consult with your manager
if you are uncertain. Misuse of Social Media platforms can have significant reputational
damage to the company and as such employees are personally responsible for the content
they publish online.
Internet
Attention must be paid to ensuring that published information has relevance to normal
professional activities before material is released in the company’s name. Where personal
views are expressed a disclaimer stating that this is the case should be clearly added to all
correspondence. Intellectual property rights must not be compromised when using the
internet. The use of the internet to access and/or distribute any kind of offensive material
leave an individual liable to disciplinary action which could lead to dismissal. These
provisions apply to internet usage on the company’s mobile phones also.
Websites
Employees must be aware when using the company PC’s or laptops or mobile phone or
similar digital devices that access to websites is strictly in line with the needs of the work.
Any access of non-related work websites will result in disciplinary action which could lead to
dismissal. This can include as example accessing and/or using online gaming/gambling
websites, accessing and/or transmitting pornography, accessing racial or ‘hate’ websites.
This list is not limited and includes any defamatory, harassment or disparagement of others
based on their gender, race, sexual orientation, age, national origin or religious or political
beliefs.
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Email
Unauthorised or inappropriate use of the email system may result in disciplinary action which
could include dismissal. The email system is available for communication and matters
directly concerned with the legitimate business of the company. Employees using the email
system should give particular attention to the following points; messages and copies should
only be sent to those for whom they are particularly relevant, abusive emails must not be
sent, confidential emails must be protected to ensure confidentiality, no offers or
acceptances of contracts are to be made by email without permission from management.
Little Rainbows Crèche will not tolerate excessive use of the email/internet system for
personal use and should not be used for unofficial or inappropriate purposes including any
messages that could constitute bullying, harassment/sexual harassment, incite hatred or
racial slurs or other detriment.
Social Networking/Media
The management of Little Rainbows Crèche may impose the disciplinary process up to and
including dismissal for posting inappropriate material on social networking sites in
circumstances where the posts breach confidentiality, harassment, dignity at work or bring
the company into disrepute. Staff are not allowed to befriend parents/guardians/family
members of the children attending the service on Facebook/Twitter or any other social media
forum. If staff are friends on any social media forum they are reminded of their
responsibilities in relation to the service and that there should be no reference to work name,
workplace, work activities or children and families using the service. Social media activities
should not interfere with work commitments.
You should be aware that:

•
Any Personal blogs that staff may write outside of working hours should have clear
disclaimers that the views expressed by the author in the blog is the author’s alone and
do not represent the views of Little Rainbows Crèche . Be clear and write in the first
person. Make your writing clear that you are speaking for yourself and not on behalf of
the company.
•
Your online presence may reflect Little Rainbows Crèche . Be aware that your actions
captured via images, posts, or comments can reflect that of the company.
•
Do not publish any information regarding any children, families or colleagues.
•
Company logos may not be used.
Management's Right to Access Information

Little Rainbows Crèche PC’s/laptops, Internet and e-mail are a business tool used for
business communication or for the development of all aspects of the company. Accordingly,
there is no guarantee of privacy with data, messages, or other information stored on the
computers such as e-mail or any other information sent or received.
The company reserves the right to access and disclose as necessary all data, information,
and messages stored in or sent over its PC’s/laptops, e-mail and other systems, without
regard to content. Because e-mail messages are often retained for long periods and
forwarded to unintended recipients, you should not use e-mail to transmit any messages that
you would not want read or heard by a third party.
Virus Protection
In order to prevent the introduction of virus contamination into the software system the
following must be observed:
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a) Unauthorised software including public domain software, or internet/email
downloads must not be used.
b) All software and downloads must be virus checked using standard testing
procedures before being used.
Statements to the Media

•
Any statements to reporters from newspapers, radio, television, etc. in relation to our
business will be given only by the Owner or a designated spokesperson authorised by
the Owner.
Telephone Calls/Mobile Phones

•
Personal calls are allowed only in the case of emergency. Personal mobile phones
should be switched off during working hours and used only during authorised breaks. If
staff need to be contacted in case of an emergency, they can be contacted on the land
line of the service. Similarly, staff may use the land line to make work related calls or to
use in emergencies.
WhatsApp –
Little Rainbows Crèche uses WhatsApp to communicate with staff. Appendix 1 to this
document sets out the protocols for the use of the company WhatsApp. All employees will be
required to review and sign off on the WhatsApp protocol. Breach of the protocol may result
in disciplinary action up to and including dismissal.
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Appendix 1
WHATSAPP – USER POLICY/PROTOCOL
Purpose
The purpose of this policy/protocol is to ensure all persons understand the following policy/
protocol around the use of Little Rainbows Crèche administration of their ‘WhatsApp’ group
for use by management and staff.
Protocol/Guidelines
The protocol guidelines are:
1.
Little Rainbows Crèche ‘WhatsApp’ group is set up by the Owner who may appoint
additional administrators to assist the application of the ‘WhatsApp’ group
2.
The ‘WhatsApp’ group should not be used to post private or confidential messages
or express personal opinions or gossip. Any opinions expressed are the opinions
of individual members and may not be representative of the whole group. In such
events the administrator will remove any personal opinions. Anne Campbell and
Ann Maher are the administrators of the ‘WhatsApp’ group and are not responsible
for any comments posted by individual members of the group.
Inappropriate posts include - posting promotions, using inappropriate language,

posting inappropriate photographs/video, personal attacks or insulting messages,
bullying of any member, voicing grievances with the with individual members of the
group. For individual concerns, please raise these directly with the Owner/Manager
of Little Rainbows Crèche. The ‘What’s App group will post photographs/videos if
appropriate. At all times the consideration of GDPR and Child Safeguarding
guidelines when posting photographs/video on the ‘WhatsApp’ group. Staff are not
allowed to post photographs or videos.
3.
Children under the age of 18 years (“minor”) are not permitted in to use Little
Rainbows Crèche ‘WhatsApp’ group.
4.
All phone numbers will be validated and staff will be required to ‘sign off’ prior to
their number being placed on the Little Rainbows Crèche ‘WhatsApp’ Group.
5.
Little Rainbows Crèche ‘WhatsApp’ group is intended as a convenient way to
distribute important information to staff of the service quickly and efficiently and
for staff to communicate easily with each other.
6.
It is not necessary to respond to every post unless it is requested by the service. If
a response is required from staff this will be clear in the message.
7.
If your message is not relevant to majority of the group members, please consider
if it is more appropriate to reply by way of a personal message. In the event of too
many messages being posted that are only relevant to a minority of group
members the group administrators of Little Rainbows Crèche may request the
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conversation be continued outside the group.
8.
Please respect the time you post. Early in the morning, late at night posts are
discouraged wherever possible. Repeat offenders may be removed from groups
without notification. The Administrator reserves the right to post as may be
required in the event of emergencies i.e., severe weather conditions or outbreak of
infectious diseases.
9.
Do not use the group to discuss any non-service Little Rainbows Crèche
information.
10.
The group administrators [Owner/Manager] have the right to restrict admission,
remove or ban anyone from the group without notification.
11.
By signing up to use and become a member of the ‘WhatsApp’ Group as
participants, staff employed by Little Rainbows Crèche and management of Little
Rainbows Crèche agree to these group guidelines.
12.
Please note, by accepting the request to join, you are sharing your phone number
with other staff within the group. Once you join, you always have the option to
leave the group.
13.
Disregard of the Little Rainbows Crèche Communications [Email, Internet and
Social Media] Policy and ‘WhatsApp’ guidelines/protocol may result in Little
Rainbows Crèche management having to take appropriate actions.
I hereby consent to be part of the Little Rainbows Crèche WhatsApp group. The purpose of
the WhatsApp group is to share information among staff and occasionally to post photos of
activities and children’s work. As a member of the group other members of the group have
access to your mobile number.
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I confirm that information and photos shared in this group will not be shared elsewhere by
me including any social media sites.
I confirm that I will not use any number to contact other staff directly or pass their number to
other third parties.
I further understand that this consent may be withdrawn by me at any time, upon written
notice.
I give this consent voluntarily
.……………………………………………….. Signature of Staff
. ……………………………………………….. (on behalf of Management)
Date. …………………………………………………..
5. DISCIPLINARY POLICY
Purpose
The disciplinary procedure of Little Rainbows Crèche is designed to help and encourage all
employees to achieve and maintain high standards of conduct, job performance and
capability. The policy has regard to the rights of Employees under both the Code of Practice
31
on Disciplinary and Grievance Procedures and the Unfair Dismissals Acts. The disciplinary
procedure aims to help employees whose performance or conduct falls below service
requirements to achieve the necessary improvement. The disciplinary procedure aims to
help employees whose performance or conduct falls below service requirements to achieve
the necessary improvement. Formal procedures are vital to ensure consistent and fair
disciplinary action at all times.
Scope
In order to achieve consistency and fair treatment, this procedure applies to all employees in
the service.
Policy & Procedure

Performance issues will generally be addressed informally by the Manager and with the
employee agree a corrective action plan to resolve the situation in the first instance.
However, where this fails to resolve a situation, or the informal process is deemed
inappropriate in the given circumstances, then the formal process may be initiated.
Little Rainbows Crèche reserves the right to depart from the precise requirements of the
procedure outlined below where it is deemed reasonable to do so and where the resulting
treatment is deemed to be fair. The level of warning that may be issued to an employee, if
any, following a disciplinary meeting will not necessarily commence at Stage 1. The level of
warning will be determined by the level of misconduct or gross misconduct alleged against
the employee. Management will make the decision as to what level of warning may be
issued, if any, following the disciplinary meeting.
In order to maintain the smooth and effective running of the service, there are certain areas
where disciplinary action may be required.
These include:
a) Poor Work Performance/Capability:

This relates to the employee’s ability and application to carry out the role they have been
employed to do. Disciplinary action in this area will only be initiated once the employee
understands clearly what is expected of them.
b) Misconduct:
This applies where it is alleged that there is some fault or blame on the part of the employee
concerned through a breach of the service’s standards of behaviour and rules and
regulations. This can include persistent poor timekeeping, disruptive behaviour or any other
act which the service considers to be a breach of the standards of required disciplinary.
Please refer to the list as set out under misconduct below.
c) Gross Misconduct:
This refers to gross breaches of misconduct, i.e., where it is alleged that an employee has
deliberately broken service rules and regulations or standards of behaviour. This may
include, bullying, harassment/sexual harassment, fraud, theft, or any other serious offence.
Any breaches of serious offences could result in summary dismissal. Please refer to the list
as set out under gross misconduct below.
Procedure
This disciplinary procedure allows for warnings to be given for failure to meet service
standards of job performance, conduct and attendance. A breach of the employee’s terms
and conditions of employment may also prompt disciplinary action.
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•
The general principles of natural justice and fair procedures will be upheld at all times.
•
Employees may be suspended depending on the nature of allegations or matter arising.
Employees will be suspended on full pay during the suspension period.
•
Management may be required to undertake an investigation into the allegations and this
will involve interviewing the employee who is subject to the process and any parties who
may be deemed as witnesses. All parties may be accompanied by a work colleague,
friend or union representative.
•
A note taker may be appointed to record an investigation meeting and/or disciplinary
Hearing. A digital recording device may be used.
•
The notes of the meeting will be circulated to all relevant parties.
•
Time frames may be extended by mutual agreement.
•
An external HR professional or third party maybe requested to participate in and/or carry
out the process if deemed appropriate by the Owner/Manager.
•
The informal process may include a “facilitation session” with a third party (for example
the Manager, or an external third party could facilitate a resolution between two staff
members) if agreeable and acceptable by both parties.
Procedure
This disciplinary procedure allows for warnings to be given for failure to meet service
standards of job performance, conduct, attendance etc. A breach of the employee’s terms
and conditions of employment may also prompt disciplinary action. Generally, sanctions will
be issued on a progressive basis as follows:
Stage 1 Verbal Warning

Stage 2 Written warning
Stage 3 Final Written warning
Stage 4 Dismissal
Should an employee fail to improve after the first sanction of a verbal warning, or indeed, if
there are new areas of conduct to be addressed, the company will proceed through each of
the stages as above.
However, the final determination of the level of sanction will only be determined following a
disciplinary hearing.
The company therefore has the right to issue any sanction up to and including dismissal,
dependent on the gravity of the matter under investigation and following a fair process and in
line with the principles of natural justice.
Informal Stage/ Counselling

At this early stage, the main aim of the procedure is to help the employee achieve the
required standard of performance or behaviour. Management may decide to initiate this
procedure depending on the nature of the matter.
Management will:
33
✓ Informally meet with the employee to discuss with them the unacceptable behaviour or
weak area of their performance.
✓ Agree on improvement measures and the timeframe for these improvements.
✓ Offer to support and coach the employee to improving their performance.
✓ Decide on a date to review the progress.
✓ Inform the employee in a clear manner of the next steps in the procedure if agreed
standards of improvement are not achieved.
✓ Maintain a record of the meetings held.
At this informal stage mediation may also be considered as an option
Formal Process
The formal disciplinary procedure may be initiated for a number of reasons. Examples of
misconduct and gross misconduct are outlined at the end of this section.
Investigations
•
All allegations will be investigated by Little Rainbows Crèche
•
The employee has the right to representation at all meetings as part of the process.
However, the representative cannot answer on behalf of the employee.
•
The representative’s role is to be a support person for the employee and clarify
process / procedure if necessary. The representative is not permitted to directly
question (or cross examine in a legalistic manner) witnesses.
•
A note of all meetings will be taken. The company reserves the right to have a note
taker present and to digitally record meetings.
•
A record of the meeting with the employee will be provided and the employee will be
required to sign to confirm the contents of same.
•
Little Rainbows Crèche endeavour to conduct and complete the process in a timely
manner in the interest of all parties concerned.
•
If, due to extenuating circumstances, Little Rainbows Crèche is unable to fulfil the
requirements within the timeframes outlined, the employee will be notified and the
reason for the delay and expected new timeframe provided.
•
On completion of the investigation and dependent on the outcome of the
investigation, Management will convene a disciplinary hearing.
•
Management will carry out the investigation meeting and disciplinary hearings and if
required Management reserves the right to outsource the investigation meeting and/
or disciplinary hearing process if this is required.
Disciplinary Hearings
•
Disciplinary Hearings will be held with the employee so that the employee can
respond.
•
Management will never give a warning or decide on the level of a warning until
AFTER this hearing takes place and the employee is given a fair hearing under the
principles of natural justice.
•
The hearing will ALWAYS be adjourned and all aspects considered before a decision
on sanction is imposed.
•
Disciplinary Hearings will be attended by Management and their representative (as
outlined above), the employee and the employee’s representative (as outlined above)
if they wish to have a representative present.
•
The employee will be provided with a copy of all documents, investigatory reports
and witness statements (if applicable) in advance of the disciplinary hearing.
•
Management will consider all of the information presented at the hearing.
•
The employee will be given the opportunity to respond and to state their case.
34
•
The meeting will be adjourned to consider the information presented at the hearing
and to decide on the outcome.
•
If appropriate, the employee and their representative can be requested to re-join the
meeting and the decision provided.
•
However, dependent on the detail of the matter, the employee may be advised that
an outcome / determination will be provided within one week.
•
The sanctions that are available for Management to determine are as follows.
Management refers to the Owner/Manager and/or their nominated representatives which may
include an external third party.
Stage One – Verbal Warning

The verbal warning should be given by Management.
Management will inform the employee of the following:

1. Details of the performance / conduct issue that occurred.
2. The action(s) or improvement that is expected and required from the employee.
3. Confirm a date for review meeting(s) to ensure that required actions are being
addressed.
4. Advise of further action that may be taken under the Disciplinary policy and procedure, if
there is no improvement made by the employee.
The verbal warning will be issued verbally and confirmed in writing. A copy will be given to
the employee to sign, and it should be returned to the notified person. This signed copy will
be placed on the employee’s personnel file for a period of six [6] months.
The warning will be issued by management to the employee in the presence of the
employer’s representative and the employee’s representative. (See information relating to
disciplinary hearings)
All warnings issued will include an appeals process.
Stage Two– Written Warning

A written warning should be given by Management.
Management will inform the employee:

addressed.
The warning will be issued verbally and in writing and in duplicate, a copy of which the
employee should sign and return to the notified person. This signed copy will be placed on
the employee’s personnel file for a period of twelve [12] months. The warning will be issued
by management to the employee in the presence of the employers’ representative and the
employee’s representative. (See information relating to disciplinary hearings)
All warnings issued will include the appeals process.
Stage Three – Final Written Warning
35
A final written warning should be given by Management.
If the required improvement does not take place or dependent on the seriousness of the
misconduct, a written warning should be given by management. The warning should state:
addressed.
The warning will be issued verbally and in writing and in duplicate, a copy of which the
employee should sign and return to notified person. This signed copy will be placed on the
employee’s personnel file for a period of twelve [12] months. The warning will be issued by
management to the employee in the presence of the employer’s representative and the
employee’s representative.
All warnings issued will include the appeals process.
Stage Four – Dismissal

If there has been further breaches of disciplinary after the third stage or if an incident is so
serious and following an investigation meeting and disciplinary hearing, then the employer
may decide to dismiss the employee. As part of the process outlined above, the employee
will be provided with every opportunity to state their case.
Dependent on the seriousness of the matter, the employer may determine to dismiss the
employee. In this case, the employer will pay any outstanding wages due, but will not pay a
notice period as per the contract notice periods by employee and employer.
The dismissal will be issued in writing and will include the internal appeals process that the
employee should follow.
Misconduct & Gross Misconduct
The following are examples of misconduct and gross misconduct BUT this list is not
exhaustive.
Misconduct
- Failure to comply with a reasonable request.
- Failure to comply with written instructions.
- Failure to maintain the required dress standard, appearance and personal hygiene.
- Unacceptable performance.
- Persistent failure to reach job requirements.
- Persistent and unacceptable levels of absence.
- Failure to follow absence reporting procedures.
- Giving false evidence of incapacity for work.
- Time-keeping – being persistently late.
- Leaving the workplace early (i.e., either Little Rainbows Crèche premises or designated
work location).
- Breach of policies and procedures.
- Undertaking work in conflict with Little Rainbows Crèche
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- Unauthorised access to Little Rainbows Crèche premises.
Gross Misconduct
- Child Protection Allegations.
- Failure to obtain a satisfactory Garda/police vetting.
- Breach of confidentiality.
- Non-compliance with the services’ COVID 19 Policy and Procedure.
- Failure to provide appropriate supervision of the children in the service.
- The taking of or being under the influence of alcohol or un-prescribed drugs during
working hours.
- Abusive or insulting behaviour and/or language to fellow workers, children or parents.
- Continued or ongoing leaving the workplace without permission (i.e., either Little
Rainbows Crèche premises or designated work location).
- Submitting or entering of false / misleading information.
- Refusal to obey a reasonable instruction from someone authorised to issue such
instructions.
- Stealing from Little Rainbows Crèche or fellow employees.
- Horseplay (joking, clowning, rowdiness or fun) that could lead to a possible mishap or
accident.
- Bullying
- Harassment.
- Sexual Harassment.
- Serious or persistent acts of sexual, racial, religious or disability discrimination.
- Continued failure to observe the dignity of others.
- Physical and verbal assault.
- False declaration of information at the time of initial employment, which would have
affected the decision to offer employment.
- Continued failure to attend a disciplinary hearing.
- Repeated failure to comply with reasonable requests.
- Noncompliance with Health and Safety procedures.
- Neglect of safety standards.
- Repeated breach of policies and procedures.
Employees’ Rights
At each stage of the disciplinary procedure, employees have the right:
•
To be informed of the complaint against them and be given sufficient opportunity to
present their case and call witnesses to support their case, as appropriate.
•
If suspended from work as part of the investigation meeting and/or disciplinary hearing
process to be paid for the period of suspension.
•
To be accompanied to disciplinary meetings by a representative (this can be in the form
of a work colleague or friend)
•
To be given an opportunity to present their case before a decision regarding the
disciplinary to be imposed is reached.
•
To normally not be dismissed for a first offence, other than gross misconduct.
•
To be informed and encouraged to use the right of appeal.
37
Appeal Process
•
An appeal should be made by the employee to the Management of Little Rainbows
Crèche in writing within two weeks of the disciplinary action been taken.
•
Employees must state in writing their grounds for appeal.
•
The employee has the right to representation at the appeals hearing.
•
An appeals process is not a rerun of the disciplinary hearing.
•
An appeals officer will be appointed to investigate the appeal. This will consist of an
external person not previously involved. Management reserve the right to request an
external HR person to carry out the appeal if required to ensure transparency.
•
The person hearing the appeal should not have a previous knowledge of the matter.
•
A meeting will take place within two [2] weeks of the application to appeal the disciplinary
decision. This may be extended by mutual agreement if required.
•
The outcome of the appeals process will be issued to the employee in writing within one
[1] week [5 working days], after the hearing. The appeals process is the final stage of the
internal disciplinary process.
NOTE: All employees are required, under their Contract of Employment, to participate
in any investigation associated with this policy as a complainant, respondent or
witness
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6. DIGNITY IN THE WORKPLACE
All employees have the right to be treated with dignity and respect at work. The Service is
committed to maintaining a workplace environment that encourages and supports the right to
dignity at work under the Employment Equality Acts 1998-2015 and rights of persons
availing of goods or services under the Equal Status Acts 2000-2011. All employees are
expected to respect the right of each individual to dignity in their working life. All employees
must be treated equally and respected for their individuality and diversity. Bullying,
Harassment or Sexual Harassment is not accepted in the Service and will not be tolerated.
All individuals whether directly employed or contracted by us have a duty and a responsibility
to uphold this Dignity at Work Charter.
Bad language, smoking and inappropriate social conversations are not permitted on the
premises. Lengthy social and personal discussions during time when staff members are
caring for children are not permitted. The use of personal mobile phones and smart watches
is prohibited in the care rooms. Mobile phones are to be kept in handbags and smart
watches if worn by a member of staff must have all notifications/alerts switched fully off,
including vibrate alerts. If breaches of this occur, staff will be asked to equip themselves
with a watch that is not a smartwatch and/or disciplanary procedures could be invoked. As
stated in your contract, the employer expects you to devote the whole of your time and
attention to your work during these hours.
Dignity at Work Charter
•
We at the Service commit ourselves to working together to maintain a workplace
environment that encourages and supports the right to dignity at work.
39
•
The welfare of the child comes before any other consideration and staff, management
and others engaging with children must adhere to this principle. You must not do
anything that will in anyway endanger a child. Where anyone has a concern as to the
welfare of the child they must act on that concern in line with the Child Safeguarding
policy of the Service.
•
All who work here and those who are connected with the Service are expected to respect
the right of each individual to dignity in their working life.
•
All employees will be respected for their individuality and diversity. Bullying, Harassment
and Sexual Harassment in any form is not accepted by us and will not be tolerated.
Please raise any concerns in this regard with the Manager.
•
Our policies and procedures will underpin the principles and objectives of this Charter.
•
All individuals, whether directly employed or contracted by us, have a duty and a
responsibility to uphold this Dignity at Work Charter.
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7. DRESS CODE
Purpose
Little Rainbows Crèche considers the way their staff dress and their appearance are of
significant importance in portraying a professional image to parents, visitors, clients and
colleagues and encourages a sense of belonging.
Scope
All Little Rainbows Crèche employees, students, and volunteers.
Statement of Intent
The Dress Code policy is designed to guide staff on Little Rainbows Crèche standards of
dress and appearance. All staff’s appearance must be professional at all times both within
the workplace and when representing the service. Little Rainbows Crèche values its staff
and does not intend to quell personal expression- but the health, safety and welfare of
children and staff is paramount at all times.
Policy
•
Uniforms and shoes must be clean, tidy and neat at all times.
•
Staff must present for work in the correct uniform consisting of T-shirt with the company
logo (2 supplied by the company) and black trousers.
•
Comfortable shoes should be worn at all times. High-heels, toe-less sandals (flip flops)
or backless shoes should be avoided in light of the dangers these can prevent to staff
and children. Staff could slip whilst carrying a child and correct footwear will help prevent
this.
•
Staff working in the baby room should not wear outdoor shoes and change into
appropriate indoor shoes to ensure a high standard of cleanliness and hygiene.
•
No jewellery except for wedding bands and simple stud earrings may be worn. Body/
facial/tongue piercings must be covered.
•
The absolute minimum of make-up should be worn.
•
Any tattoos should not be on view.
•
Hair should be clean, washed, neat and tied back at all times.
•
Nails should be short and clean at all times. Painted nails are not considered appropriate
for an Early Years setting as all staff are basic food handlers and non-polished nails
reduce the risk of contamination. False or gel nails are not permitted.
•
Staff are required to change into appropriate overalls for food handling.
•
Staff are role models for young children so must exercise a high level of personal care
and hygiene at all times.
•
Chewing gum is not permitted.
Students and Volunteers

•
Dress must be neat, clean and tidy. It must be non-revealing and jeans are not
permitted.
•
Any tattoos should not be on view.
•
Hair should be clean, washed, neat and tied back at all times.
•
Nails should be short and clean at all times. Painted nails are not considered appropriate
for an Early Years setting.
•
Comfortable shoes should be worn at all times. High heels, toe-less sandals (flip flops) or
backless shoes should be avoided in light of the dangers these can prevent to staff and
children.
•
Chewing gum is not permitted.
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8. EQUALITY POLICY
Purpose
The purpose of this policy is to demonstrate the employer’s commitment to equality of
opportunity for existing and potential employees, by promoting a work environment that
affirms our commitment to the personal dignity and worth of each employee. Employment
Equality Act 2004 refers.
We do this by promoting a work environment that is free from discrimination in the following
areas:
•
Gender
•
Marital Status
•
Family Status
•
Sexual orientation
•
Religious belief
•
Age
•
Disability
•
Race
•
Membership of the travelling community
Scope
This policy applies to all present and potential employees of the Service.
Policy
The Service is committed to equal opportunity for all employees and all potential employees
of the Service. As such employment decisions will be based on qualification, merit and
ability. Any decision in relation to employment will not be influenced by any of the
aforementioned areas outlined within the purpose of this policy. This policy applies to all
areas of the organisation.
At the Service, recruitment decisions will not be influenced by any of the above areas of
discrimination. We will ensure that discrimination on these grounds will neither occur directly
or indirectly. To reiterate the purpose of the policy, all recruiting decisions will be based on
merit, abilities and qualifications.
This policy applies to training, conditions of pay, promotion and every other aspect of
employment.
Responsibility
Each and every employee of the service has a personal responsibility for the implementation
of this policy. This includes treating peers with dignity and respect. Employees also have a
responsibility to draw the attention of the Service to discriminatory practices or areas where
they believe individuals have been treated unfairly under the above aforementioned grounds.
It is the responsibility of all staff to support and communicate this policy and to encourage
open discussion to identify and resolve issues.
Procedure
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Any employee who feels they have been treated unfairly in any employment related
decision, such as promotion, training, conditions of employment or any other area should
follow the service grievance procedure.
All cases of discriminatory allegations will be promptly investigated. Any individual found
partaking in any form of discrimination should be subject to disciplinary action up to and
including dismissal. (Refer to the Disciplinary Procedure).
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9. GRIEVANCE POLICY
Purpose
The purpose of the grievance procedure is to ensure that employees of the Service have a
fair forum in which to express any problems or concerns they may have and to have them
resolved quickly and satisfactorily. The overall intention is to ensure that minor matters do
not develop into major disputes.
Scope
This policy applies to the individual grievances of all Employees. The policy is not
appropriate for dealing with issues of harassment, sexual harassment or bullying, which
should be addressed through the appropriate procedures set out by the Organisation.
Further information may be sought from your Manager. In all cases, matters will be dealt
with in as confidential a manner as possible. Employees may utilise the procedure whenever
they feel it is required. An Employee will not be treated adversely for raising a grievance.
Application
Management recognises that good communication and a willingness to cooperate will help
to resolve issues quickly and smoothly. Management encourages its employees to initially
try to resolve an issue through informal discussions with management. At this stage, the
Manager will consider the grievance carefully and respond to the Employee within a
reasonable and agreed timeframe.
The grievance procedure will normally be employed if these informal discussions have not
helped to resolve the situation. If the employee so wishes the formal procedure can be
implemented at any time. If discussing the issue informally does not result in an acceptable
outcome, you should evoke the formal procedure as outlined below.
Policy
General Information
•
All grievances should be put in writing. If an employee makes a formal complaint
verbally, it will be recorded in writing by the person to whom the employee has made the
grievance and a written copy should then be given to the employee. This will allow the
employee to make any changes, if they so wish, to the written document.
•
If the timeframes specified cannot be adhered to, the time frames may be extended by
mutual agreement
•
The Manager, to whom the grievance has been reported to, or another member of
management may need to investigate matters arising from the grievance – this may
require management to interview other people in relation to the matter as well as the
employee who has made the grievance.
•
Some circumstances may warrant just an informal discussion in order to resolve the
situation and employees are encouraged to discuss the situation with the Manager in the
first instance. Then, if the employee is still unhappy they can proceed to Stage 1.
•
If an employee feels they cannot discuss the matter with their line Manager or that they
may consider they are part of the problem, the employee should contact the Owner. This
meeting should be held as soon as possible.
44
•
A note taker may be appointed by Management to record notes of the meeting/s, as
appropriate. Management reserve the right to use a digital recording device. The notes
of the meeting will be made available to all parties.
•
Management reserves the right to use the services of an external HR support person if
required.
•
Mediation may be used as an option to resolve grievances.
Mediation
Where the informal procedure fails to resolve an issue, mediation is another option.
Mediation requires the voluntary participation and co-operation of all parties to the complaint.
Where mediation is availed of, the following applies:
•
An independent mediator has to be agreed by both sides.
•
Mediation does not deny the right to a full investigation at a later date.
•
The information that arises in mediation is confidential and cannot be used later in an
investigation.
Procedure
Stage 1
- Employee is encouraged to approach management when grievance first arises.
- Employee has the option to have a work colleague/union representative/friend present.
- The problem is discussed and outcome decided upon
- Meeting is recorded and signed - buy both parties, with copies issued to those in
attendance.
Stage Two
- Should the employee be dissatisfied with previous outcome or feel they cannot approach
the Manager they can approach the Owner.
- This may be done verbally or in written form.
- Again, the employee is given the option to have a representative present in the form of a
work colleague/union representative or friend.
- A discussion will be held and a response given within five working days.
- Notes of the meeting is recorded and signed - buy both parties, with copies issued to
those in attendance.
Stage Three
If the response is inadequate in resolving the issue, the employee should then appeal their
grievance to Management, who will appoint an agreed outside person who will hear the
grievance. This may be a HR company/consultant who will hear the grievance and review
matters arising. This meeting will be held as soon as possible.
45
Stage Four
In the event that the matter still remains unresolved the matter may also be referred through
normal industrial relations procedures to the Workplace Relations Commission. During the
period in which the grievance procedure is being followed no form of industrial action such
as go-slow, walk-out, no strike, lock-out or other form of action will take place until all
avenues as outlined have been followed. In the event of any issues arising which may not
be immediately processed in accordance with the above grievance procedure then it is
expected that normal working (even if under protest) would continue until a settlement is
reached.
Every attempt will be made to resolve the grievance issue speedily and appropriately.
witness
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10. HEALTH & SAFETY POLICY
Purpose
The Service is committed to the health and safety of its employees, contractors and
customers, and this policy is in accordance with the provisions of the Safety, Health and
Welfare at Work Act 2005. Any breach of an employee’s health and safety obligations or the
Service’s health and safety policy will be treated seriously and may result in disciplinary
action up to and including dismissal.
The safety policy of the Service is to ensure the health, safety and wellbeing at work, of
every employee, volunteer, contractor, and visitor, in so far as is reasonably practicable. In
line with legislation the Service have a health and safety statement which employees may
access.
Scope
All employees, children, parents, volunteers, students, contractors, suppliers and visitors.
Policy
The Health, Safety and Welfare Policy of the Service is to ensure that employees:
•
Are familiar with the Safety, Health & Welfare at Work Childcare Policies of the Service
•
Do not take any action which would threaten the health, safety and welfare of
themselves, other colleagues, children, parents, or members of the public.
•
Record and report all accidents and incidents to the Manager
•
Endeavor to ensure a healthy and safe environment for children, parents and staff.
•
Understand that it is the responsibility of every employee to take responsibility for their
own health and safety and other person who may be affected by any act or omission at
work.
•
Use any protective equipment that may be provided.
•
Co-operate with the Service in complying with health and safety legislation.
•
There is a staff room facility which can be used for refreshments at break times by
employees. This area should be kept clean and tidy at all times.
Bathroom facilities are provided for employees use. This area should be kept clean and tidy
at all times.
Employees are required to be aware of their own personal hygiene as we work with children
and other workers in close proximity. Little Rainbows Crèche has a dress code to which
employees must adhere.
The Service has a Safety Statement for its Early Years’ service which is reviewed regularly
and formally updated and signed off on an annual basis as per legislative requirements.
Employees have a right to make representations to the Management on safety, health and
welfare issues and the Management will take account of any such representations, as far as
is reasonably practicable. At present, employees are required to report any possible hazard
to their Manager. There is also a requirement to report every accident (no matter how trivial).
Specifically, the Service operates a “no smoking” policy in its premises in line with current
legislation. The Service does not permit the use of E-cigarettes in the workplace.
47
Employees should be aware that breaches of safety rules may result in disciplinary action,
Building Security
Children and Parents
Entrance Area
•
All staff must follow the practices in relation to access and egress of parents and children
through the main door.
•
Staff should not allow entry unless they are sure that the person is:
o
A parent
o
An authorised collection person
o
A visitor (staff should be informed of any expected visitors and given the name
and company of the person visiting)
o
Early Years Inspection Team
o
DES Inspection Team
o
If in doubt, check with the Manager
.
Visitors
•
All employees are expected to play a responsible role in security matters.
•
Visitors must not be given free access within the building and should be accompanied at
all times.
•
All visitors must sign into and out of the visitors’ book.
Employees
All employees are expected to play a responsible role in security matters. A number of
designated staff members have keys for the building. Whoever is rostered to arrive first in
the morning ensures that the building is opened.
All employees should ensure that the building is locked up when they are leaving the
building and ensure the alarm system set if they are the last to leave the building.
Instructions for usage of alarm system are situated next to the alarm panel. Delete if not
applicable
First Aid
The Company has appointed a First Aid Officer and staff will be trained in paediatric first aid
and a number of staff will have First Aid Responder [FAR] formerly occupational first aid
training. Employees will be briefed at Induction of health and safety practices.
Health and Safety Grievance

Should a staff member or a group of staff members have a Health and Safety Grievance,
this must be documented in full for the Manager. A full and complete investigation will then
take place into the alleged grievance and where appropriate any alterations to work
practices or the working environment will then be made. All parties involved on the grievance
will be fully updated and given every opportunity to represent their case.
Health and Safety Emergency
48
Should the Service consider a situation to be of immediate danger to the welfare of staff
members, management may authorise an evacuation of the building or part of the building.
Should this happen an authorised authority will investigate the area and issue a formal
certificate of clearance. Only when this has occurred can any staff member re-enter the
area.
49
11. INFORMATION TECHNOLOGY POLICY
Purpose
The purpose of this policy is to define the way in which electronic communications are
managed in The Service and the rights and responsibilities of all employees, students and
volunteers.
Scope
The policy applies to all employees, students and volunteers of The Service. It covers
internet, email usage, voice mail and phone calls, the rules regarding information technology
(IT) systems and The Service’s right to monitor such activity. It also outlines employee’s
personal responsibility in relation to maintaining confidentiality regarding the Service’s
families and children and other employees when using social networking websites.
Policy
Only the Manager and designated staff are permitted access to the Service computer. If a
member of staff wishes to access the computer for work purposes permission must be
required from the Manager.
Staff have a responsibility to maintain the Service’s image, to use technology in a productive
manner and to avoid placing The Service at risk for legal liability based on its use. Violation
of this policy could result in disciplinary action.
Management's Right to Access Information

The Service’s computer is a business tool used for the development of all aspects of the
service from policy development to curriculum planning.
Personal Use of the Service’s Computers and Internet

The Service’s Computers can only be used for official Company business.
U.S.B and external devices

Employees of The Service are not permitted to use any external device such as a USB
device, camera, mobile phone or other similar type equipment to upload or download
electronic material. If for any reason employees should need to use external devices to
upload material relating to the Service, this must be agreed and documented by the
Manager.
Under no circumstance can you install any third-party software or device on the Service’s
computer.
Confidentiality - Social Networking Websites – Discussion Forums
All employees who use social networking websites (usually on home computers or mobile
phones) should be aware that no information relating to the Service, the families and
children who attend the service or employees of the service should be referred to when
corresponding on such sites.
Employees are reminded of the Service’s Confidentiality Policy and the requirements placed
upon the Manager and employees regarding same under the Child Care Act 1991 [Early
Years Services] Regulations 2016.
50
If employees receive any correspondence on personal social networking websites that refers
to The Service or any of its services, the families and the children who attend The Service’s
services and employees they should ensure that all references are deleted. This will ensure
that other parties cannot potentially access information to those involved as clients or
employees of The Service.
Employees are not permitted to request or accept clients/parents as friends on social

networking sites as this constitutes a potential conflict of interest.
Confidentiality also applies to discussion forums. Employees must not discuss their
employer, colleagues, clients, or children on such forums.
Internet and Email

Staff may not use the Service computer to access their personal email or to access the
internet without prior permission from the Manager. This can be up to and including
dismissal for serious offences such as downloading inappropriate material.
Non-adherence to the above may result in invoking of the disciplinary policy.
Note: Social Networking websites includes a range of websites such as - Bebo, Facebook,
YouTube, Twitter etc.
This policy may be updated from time to time either from within or in line with legislation.
12. PREVENTION OF WORKPLACE BULLYING, HARASSMENT & SEXUAL

HARASSMENT AT WORK
Purpose
51
The Service is committed to implementing and promoting measures to protect the dignity of
those who work within the Service, and to encourage respect for others at work. This is
achieved by creating a work environment that is free from bullying, harassment and sexual
harassment, racism and disrespectful behaviour, by dealing effectively with any complaints
of such conduct, and also by welcoming diversity and promoting employment equality.
This policy is in line with the Code of Practice for Employers and Employees on the
Prevention and Resolution of Bullying at Work (SI 674 2020 Code). The Code of Practice
developed by the Health and Safety Authority (HSA) and the Workplace Relations
Commission (WRC) replaces and updates the separate codes of practice previously
published by each organisation
Scope
This policy applies to all employees in the Service. The policy applies to employees both in
the workplace and at work associated events such as meetings, conferences and office
parties, whether on the premises or off site. The policy applies to bullying/harassment/sexual
harassment not only by fellow employees but also by a client, customer or other business
contact to which an employee might reasonably expect to come into contact within the
course of their employment. This procedure is supported by the disciplinary procedure,
which may be utilised where an Employee is found guilty has been found to be engaging in
behaviour constituting bullying harassment and/or sexual harassment.
Definitions
Bullying, harassment and sexual harassment not only by fellow employees but also by
students, voluntary workers, clients, business contacts and contractors will not be tolerated.
The policy extends to work-related events including training sessions, meetings, conferences
and work-related social events, whether on the premises or off site.
Rights and Responsibilities

Everyone within the Service has the responsibility to prevent harassment, sexual
harassment or bullying and to report any instances that they are party or witness to. Anyone
found to be engaging in any improper behaviour or sexual harassment on the premises, or
anywhere else while on Service business, will be subject to disciplinary action, up to and
including dismissal.
Employees who feel that they are being bullied or harassed in any way in the workplace are
encouraged to approach the Manager. All complaints of bullying or harassment/sexual
harassment will be taken seriously and will be held in strict confidence as far as is
reasonably practicable and will be investigated promptly and in an impartial manner. The
Service can only take action to correct the situation if these instances are reported.
Any employee may make a complaint and in this regard, they will not be victimised for
making a complaint. However, if a complaint is found to be malicious, disciplinary action may
be taken against the complainant.
The person against whom the complaint of bulling/harassment/sexual harassment is made

has rights. They are entitled to representation, to a fair and impartial hearing, and the right to
challenge the allegation. An allegation of bullying or harassment/Sexual Harassment
remains an allegation until such time as the investigation is completed. If, after the
investigation is completed, the allegation is upheld, disciplinary action, up to and including
dismissal, will be taken against the perpetrator in accordance with the Service’s disciplinary
procedures.
52
The Service is required to act if it is suspected any form of harassment/sexual harassment/
sexual harassment or bullying is occurring, even if no complaint has been made.
Bullying
Any form of bullying is prohibited by the Service. Bullying is defined as:
Repeated inappropriate behaviour, direct or indirect, whether verbal,

physical or otherwise, conducted by one or more persons against
another or others, at the place of work and/or in the course of
employment, which could reasonably be regarded as undermining the
individual’s right to dignity at work. An isolated incident of the behaviour
described in this definition may be an affront to dignity at work but as a
once off incident is not considered to be bullying1.
Bullying can include conduct offensive to a reasonable person, e.g., oral or written slurs,
physical contact, gestures, jokes, displaying pictures, flags, emblems, graffiti or other
material which state or imply prejudicial attitudes which are offensive to fellow employees.
Bullying activities involve actions and behavioural patterns, directly or indirectly, spoken and/
or
written and could include the use of cyber or digital means for the goal of bullying.
Examples of bullying behaviour include:
•
Personal insults or name-calling.
•
Persistent unjustified criticism or sarcasm.
•
Public or private humiliation.
•
Shouting at staff in public and/or in private.
•
Sneering.
•
Instantaneous rage, often over trivial issues.
•
Unfair delegation of duties and responsibilities.
•
Repeated impossible deadlines or impossible tasks.
•
Repeated unnecessary work interference.
•
Making it difficult to access necessary information.
•
Aggression.
•
Not giving credit for work contribution.
•
Continuously refusing reasonable requests without good reasons.
•
Intimidation and threats in general.
•
Isolation or non-co-operation or exclusion from social activities.
•
Vandalism of personal property.
This is not an exhaustive list, and offences of a similar nature are also prohibited and will be
dealt with appropriately.
1. 1Deﬁni&on is taken from the HSA (Health and Safety Authority) Code of Prac&ce on the
preven&on of Workplace Bullying made under the Safety, Health and Welfare at Work Act,
2005.
53
Bullying is distinct from conflicting views or opinions or interpersonal difficulties within the
workplace, which should be raised with the employee’s Manager in order to have any
grievances or difficulties resolved.
Please note that bullying does not include normal managerial instructions/requests made by
management in the course of business such as:
Bullying does not include:

• Performance management
• Feedback, guidance,
• Expressing differences of opinion
• Reasonable corrective action
• Workplace conflict and disagreements
This is not an exhaustive list.
Sexual Harassment
Sexual harassment is any form of unwanted verbal, non-verbal or physical conduct of a

sexual nature, being conduct which in either case has a purpose or effect of violating a
person’s dignity in creating an intimidating, hostile, degrading, humiliating or offensive
environment for the person2. The conduct must be related to one or more of the following
grounds: marital status, family status, race, gender, age, religious belief, sexual orientation,
disability or membership of the Traveller community. Sexual harassment may occur between
men and women or between persons of the same gender. A single incident may constitute
sexual harassment.
Examples of sexual harassment include:
•
Non-verbal: gestures, looks, whistling, suggestive symbols, pictures.
•
Verbal: Advances, propositions, suggestions, comments, innuendo jokes.
•
Physical: pinching, unnecessary touching, groping, kissing, fondling, assault or rape.
•
Sending suggestive and pornographic correspondence including faxes, text and e-
mails.
•
Sex-based conduct: Conduct that degrades, ridicules or is intimidatory or physically
abusive of the employee because of his or her sex.
Deﬁni&on taken from the Employment Equality Acts 1998-2008

2
54
Harassment
Harassment is any form of unwanted conduct, related to the following grounds: marital
status, family status, race, gender, age, religious belief, sexual orientation, disability or
membership of the Traveller community, which has the purpose or effect of violating a
person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive
environment for the person. It can be a one-off event or persistent and repeated behaviour3.
It can be:
•
Verbal: spoken words, shouting, unfair and excessive criticism.
•
Non-Verbal: looks, gestures, isolating, exclusion, refusing to listen to a point of view.
•
Physical: abusive behaviour, production, displaying or circulation of words, pictures,
materials.
Complaints Procedure
All employees have a right to make a complaint if they feel they have been harassed,
sexually harassed or bullied.
There is both an informal and formal procedure to deal with bullying or harassment/sexual
harassment at work. It is up to each employee to decide what behaviour is unwelcome
irrespective of the attitude of others to the matter.
Any employee who makes a complaint or who gives evidence in proceedings will not be
victimised in any way. Any victimisation of, or retaliation against a complainant, or an
employee who gives evidence during an investigation will be the subject of disciplinary
action up to and including dismissal.
Any investigation will be completed as soon as possible.
Stage 1: Informal Procedure (First Stage)
It is preferable for all concerned that complaints of bullying or harassment/sexual

harassment are dealt with informally wherever possible. The purpose of the informal
procedure is to ensure that the majority of cases of this nature will be dealt with effectively
and efficiently, in a confidential and sensitive nature, and at local level.
A staff member who feels that he/she is being harassed/sexual harassed or bullied should
immediately ask the person harassing them to cease. If they feel that they cannot do so
directly, they should contact the Manager for assistance. A note should be kept of the dates
of the alleged harassment and witnesses (if any). Having consulted with the contact person,
the complainant may request the assistance of the contact person in raising the issue with
the alleged perpetrator(s). In this situation the approach of the contact person should be by
way of a confidential, non-confrontational discussion with a view to resolving the issue in an
informal low-key manner.
The informal process may include a “facilitation session” with a third party (for example
Manager or a nominated third party could facilitate a resolution between two employees) if
agreeable and acceptable by both parties.
Ibid.
3
52
Every effort will be made by the Service to resolve the complaint speedily. In accordance
with the rules of natural justice, the alleged harasser will be given details of the allegation
and an opportunity to reply. In some cases, it may be appropriate and sufficient for The
Manager to explain to the person engaging in the harassment that their behaviour is
unwelcome.
Informal Stage 2
If the above is unsuccessful or if the complainant or the employer deem it inappropriate for
the seriousness of the issues, this more protracted, yet still informal system can be put in
place. The Manager may nominate a separate person who has had appropriate training and
experience and who is familiar with the procedures involved to deal with the complaint
on behalf of the organisation. This person should not be the Contact Person. They may be
a supervisor/manager or someone in authority within the organisation. For each complaint
that arises, such a person should be assigned to deal with that particular case.
The complaint may be verbal or written. If verbal, a written note of what is being complained
about should be taken by the nominated person and a copy given to the complainant.
This nominated person managing the complaint, should then establish the facts, the context
and then the next course of action in dealing with the matter under the informal procedure.
If the complaint concerns alleged bullying as defined and includes concrete examples of
inappropriate behaviour, the person complained against should be presented with the
complaint and their response established. Thereafter a method should be agreed to
progress the issue to resolution so that both parties can return to a harmonious working
environment without bullying being a factor. Line managers should be kept informed, as
appropriate, about the process in train.
Steps to stop the bullying behaviour, where it has been partly or fully identified, and
monitoring of the situation along specified lines should be implemented with both parties.
This may involve a direct or indirect approach and possible resolution through a programme
to change behaviour. It may also involve mediation by an agreed mediator. It may be
necessary to consider if other working arrangements are required or feasible
during this short-term phase. A proposal should be made, considered, and an action and
time frame established, signed and dated, preferably by both parties. The nominated person
who was responsible for managing the complaint should keep a nominal record of all stages;
records, which do not include the detail of discussions, is to provide evidence of the
complaint having been met with an organisational response and attempt at resolution.
Records should be kept in accordance with relevant Data Protection Legislation (section 2(1)
governing Retention), within an agreed human resources system and be available only to
that legislation.
Confidentiality is crucial for this stage to be effective and breaches of confidentiality,

where exposed, should be met with sanctions highlighted in advance.
A complainant may decide, for whatever reason, to bypass the informal procedure. Choosing
not to use the informal procedure should not reflect negatively on a complainant in the formal
procedure. It is recognised that it may not always be practical to use the informal procedure
particularly where the bullying or harassment/sexual harassment is serious or where the
people involved are at different levels in the organisation. In such instances the employee
should use the formal mechanism set out below.
Stage Two: Mediation
53
Where the informal procedure fails to resolve an issue, mediation is another option.
Mediation requires the voluntary participation and co-operation of the parties to the
complaint. Where mediation is availed of, the following applies:
•
An independent mediator has to be agreed by both sides.
▪ Mediation does not deny the right to a full investigation at a later date.
•
The information that arises in mediation is confidential and cannot be used later in an
investigation.
Stage 3: Formal procedure
In the event that the informal procedure has failed to resolve the matter, or is inappropriate in
the circumstances, the following formal procedure should be followed. Choosing not to use
the informal procedure will not reflect negatively on a complainant in the formal procedure.
The complainant should make the complaint in writing to the Manager. Where the complaint
is made against the Manager or where the complainant feels it is inappropriate to go to the
Manager, the complainant should make the complaint directly to the Owner.
i. The complaint should contain the precise details of actual incidents of bullying or
harassment.
ii. In the interests of natural justice, the alleged perpetrator(s) shall be notified in writing that
an allegation of bullying or harassment/sexual harassment has been made against them.
They shall be given a copy of the complainant’s statement, informed of their right to
representation and be afforded a fair opportunity to respond to the allegation(s).
iii. Management will examine the complaint. Mediation may be proposed at this stage if it
was not considered earlier.
iv. Both the complainant and the respondent will be required to participate in any process
that the employer sets up. Failure to participate may result in invoking the disciplinary
process.
v. Management may request an external third party investigate and/or carry out mediation
as required.
Stage Four: Investigation
Where an official, formal complaint is made, a fair and impartial investigation will be
conducted by Management or an external investigator appointed if appropriate. Where
appropriate an investigation team, consisting of two individuals may be appointed particularly
if the complaint is of sexual harassment to ensure that one of the investigating team is the
same sex as the complaint.
•
Whilst it is desirable to maintain utmost confidentiality, once an investigation of an
issue begins, it may be necessary to interview other staff. If this is so, the importance
of confidentiality will be stressed to them. Any statements taken from witnesses will
be circulated to the person making the complaint and the alleged harasser for their
comments before any conclusion is reached in the investigation.
•
Strict confidentiality and proper discretion will be maintained, as far as is possible, in
any necessary consultation to safeguard both parties from innuendo and harmful
54
gossip. A record of all relevant discussions, which take place during the course of the
investigation, will be maintained by management.
•
The investigator(s) shall meet with the complainant and alleged perpetrator(s) and any
witnesses or relevant persons on an individual and confidential basis with a view to
establishing the facts surrounding the allegation(s). Both the complainant and alleged
perpetrator(s) may be accompanied by a work colleague or staff/trade union
representative of their choice.
•
All meetings/interviews will be recorded and a recorded note of the meeting will be
provided to the interviewee. The reason for recording is to facilitate accurate note-
taking.
•
Notes pertaining to each party interviewed will be made available. Each party will be
required to sign off on the record of the meeting pertaining to their interview, to confirm
that it is an accurate recording of the meeting/interview. Under the principles of natural
justice both the complainant and the respondents will have full access to information
pertaining to them including witness statements.
•
All documentation pertaining to the investigation will be kept in the strictest confidence
by the Company during and after the investigation and in accordance with Data
Protection legislation.
•
Following the investigation, the employee and the alleged perpetrator(s) will be
provided with a written report of the findings.
•
Records of any warnings for bullying/harassment/sexual harassment will remain in the
employee’s file and will be used if any further allegations or offences of the same or
similar nature occur in the future. Regular checks will be made by the Manager
investigating the complaint to ensure that the bullying/harassment/sexual harassment
has stopped and that there is no victimisation.
•
Retaliation of any kind against an employee for complaining or taking part in an
investigation concerning bullying or harassment/sexual harassment at work is a serious
disciplinary offence.
On completion of the investigation
•
Every effort shall be made to carry out and complete the investigation as quickly as
possible.
•
On completion of the investigation, the investigator(s) shall submit a written report to
Management containing the findings of the investigation.
•
Both complainant and respondent shall be given an opportunity to comment on the
findings before any action is decided upon by Management.
55
Action Post Investigation
•
Where a complaint is upheld and the report of the investigator(s) concludes that
bullying or harassment/sexual harassment took place, appropriate disciplinary action
will be taken against the perpetrator, up to and including dismissal, depending on the
seriousness of the violation, in accordance with the Service’s disciplinary procedures.
•
The complainant will be notified in writing that a thorough investigation has been
conducted and assured that appropriate corrective action has been taken.
•
Where a complaint is not upheld and the report of the investigator(s) concludes that
bullying or harassment/sexual harassment did not take place, both parties will be
advised accordingly that a thorough investigation has been conducted and the results
indicate that there are no grounds to substantiate the harassment/sexual harassment
or bullying allegation.
Retaliation
An employee who makes a complaint in good faith or who gives evidence in proceedings or
who gives notice of intention to do so shall not be victimised in any way. Retaliation of any
kind against an employee for complaining or taking part in any investigation, or any adverse
action taken against an employee because they lodged a harassment/sexual harassment
complaint, or participated in the investigation of a complaint, will give rise to appropriate
disciplinary action, up to and including dismissal.
Malicious Complaints
The Service will treat all complaints of bullying and harassment/sexual harassment seriously
and complainants are expected to do likewise. False or malicious complaints are damaging
to the Service and can undermine genuine complaints.
If the report of the investigator(s) concludes that bullying or harassment/sexual harassment

did not take place and that in their opinion the complaint was deliberately false or malicious
then appropriate disciplinary action, up to and including dismissal, shall be taken against the
complainant.
Appeal
If either party is not satisfied with the outcome of the internal procedures following the
appeal process within Little Rainbows Crèche , they have recourse to the normal external
industrial relations processes such as the Workplace Relations Commission.
Review and Monitoring

This policy will be reviewed on a regular basis by the Manager in line with changes in the
law, relevant case law or other developments. All complaints under this policy will be
monitored and the monitoring information will be used to evaluate the policy and recommend
changes if they are deemed necessary.
Further Information
All questions relating to the execution or interpretation of this policy should be referred to the
Manager.
witness
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13. PROBATION POLICY
Purpose
To outline the Service’s requirements regarding probation
Scope
All new employees and employees who may be successful for new positions.
57
Policy & Procedure
Employees are required to complete a probationary period. Probation is the period at the
beginning of the employment relationship which gives Little Rainbows Crèche the time to
ensure that the employee is suitable for the position and gives employees the time to ensure
that the position is suitable for them.
All newly hired employees are required to satisfactorily complete a six [6] month
probationary period. During the probationary period, performance, progress and attendance
will be monitored and reviewed quarterly. During this period management will ensure that the
new employee is fully assisted in understanding and becoming familiar with the demands of
the position and that there is full discussion with the supervisor about any problems or
difficulties. This will allow the employee to come to terms with the requirements of the job as
outlined in the job description and the tasks set out for them. The role of the Manager is to
ensure that realistic tasks and performance expectations are set out for the new employee
during the probationary period.
Little Rainbows Crèche reserves the right to terminate the employment contract at any time
during the probationary period, without notice up to 13 weeks, and giving one week’s notice
for employees who have completed 13 weeks of service, should the new employee fail to
meet its standards of work and conduct.
The Probationary period has a number of phases.
Probation Meetings from Commencement to Five Months Service

•
An initial probation meeting will take place after two/three weeks and thereafter as
determined by the Manager. There will be at least a minimum of two meetings before
the final six-month probation meeting.
•
Meetings will usually be after two/three weeks and at three months.
•
Management may meet with an employee as frequently as is required during the
probation period.
•
The meetings will provide an opportunity to discuss any performance or attendance
issues, the progress made and developmental needs which may have arisen during the
period.
•
At that stage if there are any shortcomings, identified measures will be agreed to support
improvements in performance. The opportunity will also be there to discuss any barriers
that may exist to the work and to agree ways to eliminate these.
Six Month Probation Meeting

•
A further formal meeting will be held during the final month of the probationary period to
discuss progress since the previous review meetings.
•
This meeting will review progress against key tasks set out for the period & the success
or otherwise of any measures that had been put in place to assist in improving
performance.
•
Subject to satisfactory performance, the appointment will then be confirmed in writing.
•
However, if management is not satisfied with performance, progress and attendance at
that stage, Little Rainbows Crèche may extend the probationary period for a further
period or the employment contract may be terminated.
Little Rainbows Crèche reserves the right to suspend the remainder of the probationary
period to cover the duration of any extended absence which occurs during the probationary
period. This may be due to sick leave absence, enforced closures or other matters. The
probation period will recommence when the employee returns to work.
58
An employee on a specific purpose/fixed term contract may have a shorter probation period
as appropriate to their contract e.g., maternity leave cover a three [3] month probation. The
meetings as outlined above should be scheduled similarly during the shorter probation
period in line with the policy.
A record of all meetings will be signed by the employee and the Manager or the nominated
representative carrying out the probation review meetings and placed on the personnel file.
59
14. PROTECTED DISCLOSURES (‘WHISTLEBLOWING’) POLICY
Purpose
Under certain limited circumstances, employees have legal protection if they make
disclosures about organisations for whom they work. These employees are commonly
referred to as ‘whistle blowers’ and their activities have often received wide publicity in the
media. (Such an example is if an employee believes that the Company is in breach of its
responsibilities in relation to the standards or quality of care provided to its service users and
disclosed this fact to a regulator, Tusla-the Child & Family Agency, the Gardai, the media or
indeed the Company itself, may disclose this fact out of concern for the service users or out
of concern that that Company would, for financial gain, attempt to ‘cover this up’ if asked to
stop).
Scope
Policies and Procedure

Employees, who blew the whistle on organisations, were often treated detrimentally by them
or their employment was terminated. This discouraged employees from whistle blowing even
where such action would be for the good of the public. Certain legislation is designed to
protect employees from suffering any detriment or termination of engagement for whistle
blowing, and our Organisation is determined to ensure that employees are knowledgeable of
their rights and responsibilities in relation to disclosures.
Qualifying Disclosures
Certain disclosures do afford the employees some protection under law, these are
disclosures related to;
1. Workplace Health & Safety

2. Persons reporting suspicions of Child abuse or neglect
3. Health care professionals reporting suspicions of threats to the welfare of patients;
4. Offences relating to employment permits;
5. Offences relating to chemicals;
6. Breaches of the Ethics Act;
7. Competition law; and
8. Revenue discrepancies
Disclosure Criteria
The disclosure must be
a) made in good faith; and
b) On foot of a reasonable belief that there is a genuine risk, i.e., the actions of a fellow
employee are posing a risk to public health or welfare, there is a failure to comply
with a legal obligation, there is a misuse or substantial waste of public funds or the
destruction or concealment of evidence.
If these criteria are fulfilled, the employee is not liable for damages by making a protected
disclosure and nor shall they be penalised by their employer for having done so.
The Procedure
60
If you so wish you should in the first instance report any concerns you may have to the
Manager, who will treat the matter with complete confidence. If you are not satisfied with the
explanation or reason given to you, you should raise the matter with the appropriate
organisation or body, e.g., Tulsa- the Child & Family Agency, the Gardaí, the Environment
Agency, Revenue, Health and Safety Authority or Social Services Department.
If you do not report your concerns to the Manger, you may take them direct to the
appropriate organisation or body.
General Notes
We encourage you to use the procedure if you are concerned about any wrongdoing at
work. However, if the procedure has not been invoked in good faith (e.g., for malicious
reasons or in pursuit of a personal grudge), then it will make you liable to immediate
termination of employment or such lesser disciplinary sanction as may be appropriate in the
circumstances.
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15. REDUNDANCY POLICY AND PROCEDURE
Purpose
To outline the approach to be taken by Little Rainbows Crèche in the event of redundancy
and to ensure selection for redundancy will be carried out in a fair manner.
Scope
All employees of the Service can be made redundant. Redundancy payments as set out in
the Redundancy Payments Acts, 1967 – 2014 are only applicable to those employees who
have at least one hundred and four [104] weeks continuous service.
Policy and Procedure

Should a redundancy situation occur management is not bound to the policy of “last in first
out”. Management in the event of redundancy will give consideration to the retention of key
skills, experience, knowledge and flexibility. Management will observe its obligations as
required in terms of consultation (in the case of collective redundancies) under the
Protection of Employment Act 1997 – 2014.
Redundancy Process for staff who meet eligibility criteria for Payment of Statutory
Redundancy under the Redundancy Payments Acts
The following process will be followed by Little Rainbows Crèche with those employees who
are entitled to statutory redundancy due to meeting the eligibility criteria under the
Redundancy Payments Acts.
Statutory Redundancy
Employees who are declared redundant are entitled to a statutory lump sum payment if they
have one hundred and four [104] weeks continuous employment with their current employer.
This payment is calculated through number of years’ service:
•
Two [2] weeks’ pay for each year of continuous and reckonable service; and
•
The equivalent of one [1] week’s normal weekly pay.
A week’s pay is subject to a statutory ceiling of €600.00 per week (€31,200 per annum)
Note: Calculating years’ service for example if a person has 4 years and 182 days’ pay then
they are entitled to a statutory payment of 10 weeks (4.5 weeks x 4 – 182 days is calculated
as 26 weeks .5 of a year plus 1 week).
Notice
As required under the Terms of Redundancy Payment Acts 1967 – 2014 all employees will
receive notice of dismissal at least two [2] weeks before the proposed date of dismissal.
However, management will ensure that they comply with the notice requirements as set out
under the Minimum Notice & Terms of Employment Acts 1973 – 2005. Notice required under
the Redundancy Acts runs concurrently with minimum notice or contractual notice
requirements. The employee must receive the longest period of notice that they are entitled
under the following sources:
•
Redundancy Payments Acts 1967 – 2014;
•
Minimum Notice and Terms of Employments acts 1973 – 2005;
•
Their contract of employment
62
The employee and Little Rainbows Crèche may voluntarily waive their right to notice and
the employee may accept pay in lieu of notice.
Form RP50
In the event that the employer is not in a financial position to pay redundancy to the
employee the employer may be seek payment of redundancy to the employee through the
Department of Employment Affairs and Social Protection [DEASP]
The application can be made online to the DEASP by completing an RP50 form. The RP50
must be completed by management. Prior to submission of the fully completed RP50 form
by management to the DEASP copies should be printed off:
•
One for the employee to sign to return to DEASP
•
One for the employee to sign to keep for their own record
•
One for the employer to keep on employee personnel file.
An accompanying letter from management will accompany the RP50 form to the DEASP.
The DEASP will pay the employee directly.
If the employer is paying the redundancy directly on the date of the termination the
employee will receive a letter for sign off outlining confirmation of redundancy payments and
any annual leave etc due to the employee.
Redundancy Process for staff who meet eligibility criteria for Payment of Statutory
Redundancy under the Redundancy Payments Acts
The following process will be followed by management in relation to those employees who
are being made redundant but do not meet the eligibility criteria for statutory redundancy
payments as set out under the Redundancy Payments Acts.
Applicable to All Employees

The following is applicable to all employees being made redundant:
Annual Leave
Annual leave will be calculated for the period of time the employee has worked during the
leave year from the beginning of the leave year to the date of dismissal. For example, Little
Rainbows Crèche operates its leave year from 1st January to 31st December each year. If
an employee is being made redundant on the 31st of May the employee is entitled to annual
leave from the 1st January to 31st May only.
If the employee has taken annual leave during the period this will be deducted in any
calculation of annual leave owing to the employee and any annual leave due to the
employee will be paid in their final wage payment.
If any employee has taken annual leave in excess of their annual leave entitlement for the
period of the leave year management reserves the right to deduct the excess annual leave
taken from the employee’s final wage payment.
63
64
16. SICK LEAVE POLICY
Purpose
To provide guidelines for Management in implementing the Little Rainbows Crèche policy
and on sick leave procedures.
Scope
Policy & Procedure

Little Rainbows Crèche supports a healthy working environment and is concerned for the
health and wellbeing of its entire employees. It recognises the need for individual
employees to absent themselves from work when they are ill and the following regulations
and procedures apply in such circumstances.
Procedures for Employees on Sick Leave

The procedures apply during the probation period also:
•
If you are absent due to illness, you should notify the Manager by telephone as soon as
possible on the evening before if possible or one [1] hour before you are due to be on
duty. You are required thereafter to contact the Manager on a day-to-day basis to confirm
your absence, unless you are in receipt of a medical certificate for a specific period of
time. Full reasons must be given at the time with an indication of the likely return date.
•
When speaking with the Manager you should indicate the nature of your illness, the
possible duration and when you will return to work. It is also required of you to speak
with the Manager either on the day of absenteeism or the day before you are due to
return to work before 4.30 p.m. in order to confirm that you will in fact be returning to
work. This will give the Company sufficient time to arrange cover if you are not fully
recovered and are unable to return to work due to this fact.
•
Failure to contact the service by the specified time is a serious breach of the sick leave
rules and may be subject to the disciplinary policy being invoked.
•
Text messages, emails or voicemails are not considered an appropriate way to convey
this information.
•
Calls from relatives will not be accepted except in extreme circumstances. If a call is
made by the employee’s partner/relative on behalf of an employee, the employee should
make contact with the Manager at the earliest possible opportunity.
•
After three [3] days of continuous absence, a medical certificate must be furnished on
the fourth [4th] day of absence at the latest. As a general rule, further medical certificates
must be furnished at weekly intervals so long as the absence continues.
Little Rainbows Crèche does operate a sick pay scheme.
Employees are required to ensure the medical certificate supporting the illness should
include:-
i.
Is given by a registered medical practitioner.
ii.
Dated by and bears address as well as the signature of such practitioner, and
shows the probable date of resumption of duty.
65
iii.
Such certificate is furnished to the Manager not later than the fourth [4th] of absence
and on a weekly basis thereafter where relevant.
iv.
Gives the nature of the illness.
v.
The expected duration of the illness or incapacity
vi.
Date of issue
vii.
Signed by the Doctor. A rubber stamp without the doctor’s signature is not
acceptable.
A medical certificate not containing the above information or certificates that are undated,
illegible or otherwise dubious will not be accepted by the Company.
To apply for Disability Benefit, an employee should obtain a Social Welfare claim form from
their doctor or hospital and submit it to the Department of Employment Affairs and Social
Protection. In the case of long-term illness, a medical certificate, signed by a medical
practitioner (details as above) must be provided every week unless an alternative agreement
has been approved by The Company. The Company reserves the right to refer an employee
to a medical adviser.
Illness during Annual Leave

If an employee falls sick during a period of annual leave, and produces a doctor’s medical
certificate, the period of this sickness will be treated as sick leave and not annual leave.
Abuse of Sick Leave

Abuse of sick leave can lead to disciplinary action.
Accrual of Annual Leave on Certified Sick Leave

Employees on long term certified sick leave are entitled to retain annual leave they could not
take due to illness. The employee has up to 15 months to take the leave after the end of the
leave year in which the leave has accrued. [The leave year for calculation is the statutory
leave year April to March]
Employees who leave the company within the 15 months are entitled to take payment in lieu
for the accrued leave untaken during illness. In the event this is relevant to a staff member
management will calculate, as per legislative requirements, and inform the employee of the
annual leave due.
Significant Sick Absences

An employee's career in Little Rainbows Crèche can be affected if the pattern of absences
indicates unreliability in terms of ability to be present at work. A high level of absence due to
illness while on probation may result in the termination of the employment contract.
Attendance at Company Doctor

As noted above Little Rainbows Crèche reserves the right to refer an employee who is
absent through illness or where they are concerned about the health and wellbeing of an
employee at work to a Doctor nominated by the company. This referral is to
•
establish a potential return to work date and/or
•
reason for their absence from work and/or
•
medical capacity to continue in employment and/or
•
other reason as may be relevant.
This may involve a medical examination. An employee may also be referred to the
company’s Medical Adviser where they are returning to work after a prolonged or serious
illness. The Medical Adviser will be required to report back to the Manager. The employee
66
will be entitled to receive a copy of the Medical Advisers report. The Doctor will be
remunerated by Little Rainbows Crèche.
Note: Company Doctor may be our GP or an Occupational medical adviser as appropriate.
Return to Work
When the employee is fit to resume duty s/he must make contact with the Manager on the
day prior to return to work so that the Manager may make the necessary arrangements for
return. Where the employee has been out on long term sick leave other arrangements may
be put in place with the employee before returning to work i.e., the employee may be
required to give a longer period of notice that they are looking to return to work. In such
circumstances the employee will be referred to the company’s medical adviser prior to their
return to work.
On the morning of their return to work an employee if requested to do so shall complete a

“Return to Work” form and shall arrange to meet with the Manager to discuss their absence.
At this meeting they shall discuss

–
The reason for the absence from work
–
Identify any possible underlying causes of absence that may be important for the
employee.
–
Identify if there are any health and safety or environmental issues in the workplace
causing absenteeism.
–
Bring the employee up to date on relevant workplace matters.
The Manager shall keep a record of the fact the discussion took place where appropriate.
Recording of Sick Leave

All sick leave absences are recorded and monitored. The Company reserves the right to
discuss with employee unexplained or patterns of absenteeism. In situations where there
are ongoing unexplained absences or patterns of absenteeism The Company may
investigate such absences which may lead to invoking of the disciplinary policy and
procedure. For example:
Where an employee may have three (3) or more unexplained absences or patterns of
absenteeism in any one quarter (within a three (3) month period) this may lead to an
investigation which may invoke the disciplinary procedure which includes warnings up to and
including dismissal.
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Requirements for Sick Pay
[01/01/2023
Little Rainbows Creche Artane/Santry/Griffith Woods
RE: Addendum to Contract of Employment dated: ______________________
Dear ___________________,
The following is an amendment to your original contract dated _____________________-
Absence Due to illness Clause
A medical certificate must support terms of illness exceeding 3 days. Medical certificates are
required to be submitted ahead of any intended period of absence.
All employees are entitled to the benefit of the Statutory Sick Pay scheme from the 1 st of
January 2023:
 Paid sick leave for up to 3 sick days per year in 2023 (from 01/01/2023), 5 days in
2024, 7 days in 2025 and 10 days in 2026.
 A rate of payment for statutory sick leave of 70% of normal wages to be paid by
employers (up to a maximum €110 per day) and calculated in accordance
withS.I.NO.607 of 2022 which is based on the type of employment contract that is in
place.
To be entitled to paid sick leave ,
 The employee must be working with Little Rainbows for at least 13 weeks. You will
also need to be certified by a GP as unfit to work. This certificate must be in either
English or Irish.
 Have ordinarily worked that sick leave day is capable of doing so due to the certified
illness or injury.
 Be within their entitlement of 3 days Paid sick leave within a calendar year. The first
day in a year that an employee is incapable of working due to illness or injury shall
be the employees first statutory sick leave day, and any subsequent statutory sick
leave days shall be construed accordingly.
Medical Certificate
Little Rainbows requests the following details in the medical certificate which will be held in the
strictest confidence and subject to our data protection and retention policies.
 Name and address of the doctor and medical council number.
 Name and address of the employee.
 The opinion of the doctor that the patient is incapacitated due to illness/accident.
 The expected duration of incapacity
 The date of issue and
 The doctors signature.
For the avoidance of doubt, there is no entitlement to statutory sick leave for uncertified illness.
All other points in absence from work clause remain the same.
Records
Little Rainbows is legally obliged to keep proper records for each employee. The records must
68
be maintained for four years and include information in relation to each employee who availed
of Paid Sick Leave. The information must include in the records are employees’ period of
employment, the dates of paid sick leave in respect of each employee and the rate of payment
made in respect of this leave in relation to each employee.
State Illness Benefit

For employee information purposes any employee who is in receipt of this statutory Paid Sick
Leave from their employer will not be entitled to State Illness Benefit on the same day.
Currently, there is no payment of State Illness Benefit for the first 3 days of illness. These are
known as waiting days (Sunday is not counted as a waiting day). There are no waiting days if
you were getting certain social welfare payments within 3 days of the start of your illness.
To qualify for Illness Benefit, you must:

 Be aged under 66 years of age.
 Be medically certified as unfit for work by a medical doctor (GP).
 Have enough social insurance (PRSI) contributions.
 Apply within 6 weeks of becoming ill.
Review
Little Rainbows will review this policy on a regular basis in line with relevant legislative and
regulatory development’s and reserves the right to make any changes as required from time to
time. Any changes will be communicated to employees.
Your other terms and conditions remain as set out in your original contract of employment.
This addendum to your contract is in duplicate. Please acknowledge your acceptance of the
amendment to Absence of illness of this addendum to your contract which replace Absence
due to Illness of your contract dated _________________. Please acknowledge your
acceptance of the additions in the above addendum to your contract dated
________________by countersigning below and returning one copy to your Line Manager.
Yours sincerely
_________________________ ____________________
Ann Maher Date
I, _______________ confirm that I have read, understand and agree to accept the changes to
Absence due to illness in the above addendum to my contract which replace Absence due to
Illness of my contract dated _________ and I have read, understand and agree to accept the
additions in the above addendum to my contract dated ______________.
_________________________ ______________________
Employee Name Date
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LEAVE ENTITLEMENTS
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17. ANNUAL LEAVE ENTITLEMENTS
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Purpose
Little Rainbows Crèche is committed to the health and welfare of all its employees. The
purpose of this policy is to outline the rules, regulations and legislative requirements
regarding annual leave and public holidays in order to ensure that all employees enjoy the
benefit of their entitlements.
Scope
All employees; full-time, part-time temporary and permanent and employees on a fixed-term
or specific purpose contract.
Policy & Procedure

The Service is committed to the health and welfare of all its employees. The purpose of this
policy is to outline the rules, regulations and legislative requirements regarding annual leave
and public holidays in order to ensure that all employees enjoy the benefit of their
entitlements.
Annual Leave
Where an employee may work 1365 hours during the annual leave year they will receive four
working weeks paid holiday entitlement during a complete holiday year. In the event these
hours are not worked then the paid entitlement is as follows:
•
1/3 of a working week where at least 117 hours is worked in a calendar month or
•
8% of the total hours worked in the leave year.
Both of the above are subject to a maximum of four working weeks.
Little Rainbows Crèche opens 50 weeks per year. You will take your annual leave during
the annual leave year which is from 1st January to 31st December each year.
Christmas
The service closes for two [2] weeks over Christmas.
Christmas Eve and Good Friday

The service is closed on Christmas Eve and Good Friday. Annual Leave will be taken for
these closures.
The exact dates of our closures and your annual leave entitlement will be provided to you
each year by Management, your statutory rights are not affected.
Applying for Annual Leave

The remainder of your annual leave may be taken during other times of the year subject to
completion of an annual leave request form to the Management. Annual Leave should be
requested at least two month in advance where possible. Any employees who take leave
which has not been previously approved may be subject to disciplinary action.
Confirmation of authorisation of your leave request will be given by the Manager and
recorded in the annual leave book.
All holidays are approved at the discretion of the Manager. Every effort will be made to
accommodate employees’ requests but, in certain instances, employees will be required to
make alternative arrangements if their absence would affect the business needs of the
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Service and/or leave the service unable to comply with the adult/child ratios as set out in the
Child Care Act 1991 [Early Years Services] Regulations 2016 and the and the Child Care Act
1991 [Early Years Services] [Registration of School Age Services] Regulations 2018.
Employees should not book or pay for any holidays until they have received approval of their
leave request from management. Leave may not be taken in the last week of August or the
first week in September and leave will be on a first come first served basis. No two members
of staff working in the same room may take leave at the same time. Usually no more than
two weeks leave may be taken at a time.
Failure to adhere to this policy may result in the unauthorised leave being unpaid and/or may
be subject to disciplinary action.
Carry Over of Annual Leave

Carry over of Annual Leave is not permitted.
Public Holidays Entitlements
New Year’s Day St Patrick’s Day Easter Monday First Monday In

May
First Monday in First Monday in Last Monday in Christmas Day
June August October
St Stephen’s Day
Public Holiday benefits for full time workers automatically apply. If you have worked for at
least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a
day you normally work you are entitled to a day's pay for the public holiday. If you are
required to work that day you are entitled to an additional day's pay. If you do not normally
work on that particular day you should receive one-fifth of your weekly pay or time off in
lieu as determined by the employer
It is the policy of Little Rainbows Crèche to close on public holidays.
All full-time employees are automatically entitled to public holiday benefits.

If an employee does not have normal daily or weekly working hours, an average day’s
pay or the fifth of the weekly pay is calculated over the 13 weeks the employee worked
before the public holiday.
In all of the above situations as your employer we may choose to give you paid time off
instead of pay for the public holiday.
Employees on maternity or adoptive leave maintain their public holiday entitlement for the
duration of their statutory absence both paid benefit and unpaid leave. An employee on
health and safety leave has no entitlement to a public holiday.
Entitlements on Leaving Employment
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On leaving employment of the Service, pay due for that part of annual leave entitlement
which has not been taken shall be calculated on a pro rata basis and paid to the employee in
their last payment of wages.
Conversely a proportionate refund of annual leave payment will be due to the Service where
annual leave in excess of entitlement has been taken in anticipation of actual entitlement for
a full year and will be duly deducted from the employee's last wage payment, as stated in
the contract of employment.
Entitlement to public holiday when leaving employment

If an employee ceases to be employed on the day before a public holiday, having worked
four weeks preceding that week, the employee will be entitled to receive pay for the public
holiday. Payment for part time employees is applicable as outlined above.
Further information is available from the Manager.
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18. CARERS LEAVE
Purpose
This policy is to ensure that the Service complies with the Carer's Leave Act, 2001.
Scope
A staff member must have completed at least one year's continuous service with The
Service to be considered for Carer’s Leave.
Policy & Procedure

The Carer's Leave Act, 2001 allows the granting of up to one hundred and four [104] weeks
for employees in order to provide full-time care and attention to a person requiring it (a
relevant person). An employee must have completed at least one [1] year's continuous
service with Little Rainbows Crèche to be considered for Carer’s Leave. This is an unpaid
leave from the workplace.
Along with one year's service a staff member will only be entitled to carer's leave if:
•
The person they wish to care for is considered to be a relevant person.
•
The person they wish to care for does not have to be related to them, they could be a
colleague or friend.
•
The staff member provides full-time care and attention to the relevant person.
•
The staff member does not engage in employment or self-employment during the period
of the leave with the exception of:
o
Attending an educational or training course or taking up voluntary or community
work for up to eighteen and a half [18.5] hours per week.
o
Engage in limited self-employment in the staff member's home.
o
Engaging in employment outside of the home for up to eighteen and a half [18.5]
hours per week (This must be approved by the Department of Employment Affairs
and Social Protection).
•
The staff member has provided the employer with a decision from a deciding officer of
the Department of Employment Affairs and Social Protection, stating that the person in
respect of whom the staff member proposes to take carer's leave is a relevant person.
Procedure
•
Only one staff member can be absent on carer's leave for a specific care recipient at a
time.
•
A person is only entitled to leave for one care recipient at a time (see leave for a second
relevant person while on carer's leave outlined below).
•
Carer's leave will not be granted if the care recipient is in receipt of full-time attention
from someone else.
•
A staff member must notify The Service of any change in circumstances which affect his/
her entitlement to carer's leave, as soon as is practicable.
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•
A staff member on carer’s leave will remain a staff member of The Service and on the
payroll on a ‘no pay’ basis.
The maximum amount of carer's leave that can be taken for each relevant person is one
hundred and four [104] weeks. The leave may be taken as a continuous block of one
hundred and four [104] weeks or in shorter periods, which accumulate to one hundred and
four [104] weeks. If the leave is broken up, the staff member will not be entitled to
commence another period of leave for that relevant person until at least six [6] weeks has
elapsed since the termination of the previous period of leave taken.
If a staff member's carer's leave in respect of one relevant person has finished, a staff
member may not commence leave to care for a second relevant person until six [6] months
after the end of the previous period of leave (except as outlined below under leave for a
second relevant person while on carer's leave).
The Service may refuse on reasonable grounds, to permit a staff member to take a period of
leave shorter than thirteen [13] weeks. However, Management will specify to the staff
member, in writing, the reasons for such a refusal.
Leave for a second relevant person while on carer's leave

In general, a staff member is only entitled to leave for one relevant person at a time. An
exception to this allows a staff member while on carer's leave to apply for leave for a second
relevant person (care recipient) who lives with the first relevant person (care recipient).
If the application is approved by the Department of Employment Affairs and Social

Protection, then the second period of leave begins on the date that the deciding officer
makes the final decision and the leave must finish at the latest sixty-five [65] weeks from its
commencement. The total amount of leave when taken together for both relevant persons
(care recipients) may not exceed one hundred and thirty [130] weeks.
If the Department of Employment Affairs and Social Protection approves leave for a second
relevant person the staff member does not have to re-apply to The Service before it can
commence. However, the staff member must inform The Service of the change and the
expected return to work date. Once an application has been made and the staff member
avails of leave for a second relevant person they are not entitled to make another application
for leave in those circumstances.
Definition of a relevant person

A person who is in need of care will be considered to be a 'relevant person' if s/he needs
continual supervision and frequent assistance throughout the day in connection with normal
bodily functions or needs continual supervision in order to avoid danger.
A medical practitioner must certify the nature and extent of the disability of the person who is
in need of care.
In most circumstances the carer must live with the relevant person. Where the carer does
not live with the relevant person the following conditions apply:
•
The carer must be providing full-time care and attention.
•
There must be a direct system of communication between the carer's residence and that
of the care recipient (this may be in the form of a telephone or alarm system).
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•
The relevant person (care recipient) must not already be receiving full-time care and
attention within his/her own residence from another person.
Procedure for applying for carer's leave to the Department of Employment Affairs and
Social Protection
A staff member wishing to avail of carer's leave must apply to the Department of
Employment Affairs and Social Protection for a decision by a deciding officer under the
Social Welfare (Consolidation) Act, 1993. The Department of Employment Affairs and Social
Protection will also decide on the staff member's entitlement to Carer's Benefit, which is
based on the staff member's PRSI contributions. Where a staff member may not have
sufficient PRSI contributions to entitle them to Carer's Benefit this will not preclude them
from being entitled to carer's leave.
A staff member must make an application using the carer's benefit claim form eight weeks
before intending to begin carer's leave. The staff member, the Service, the relevant person
(care recipient) and the relevant person's doctor all have to complete parts of this claim form.
The staff member must provide The Service with the decision from the Department of
Employment Affairs and Social Protection as soon as they receive it. A staff member is not
entitled to carer's leave until The Service has been given a copy.
Procedure for applying for carer's leave to the Service

A staff member must notify the Manager of his/her intention to take carer's leave in writing
not later than six weeks before the date s/he intends to commence leave.
The notification should include:
•
The proposal to take carer's leave.
•
The proposed date to start the leave.
•
The manner in which it is intended to take the leave.
•
Confirmation that an application has been sent to the Department of Employment Affairs
and Social Protection.
In exceptional circumstances when it is not possible to comply with this notice requirement,
the staff member must give as much notice as is reasonably practicable.
Should a staff member take leave under the framework of staff members leave but not
comply with the notification set out, the Service will decide whether or not to treat the leave
as carer's leave. Should the Service decide not to treat the leave as carer's leave the staff
member will be notified in writing specifying the reasons for refusing.
Confirmation Document
Both the Service and the staff member must, not less than two weeks before the
commencement of the carer's leave sign a confirmation document. The document will
specify:
•
The date that the leave will begin.
•
It’s duration and
•
The manner in which it will be taken.
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A copy of this document will be placed on the staff member's personnel file and a copy given
to the staff member. A staff member may revoke in writing his/her notice to take carer's
leave at any time before the confirmation document is signed. Where the leave is revoked, it
may not then be taken on the date specified in the confirmation document.
Once the confirmation document has been signed it can only be altered with the agreement
of both the staff member and the Service. The confirmation document should be amended to
reflect any new agreement.
Notice of returning to work

Under the Carer’s Leave Act 2001 a staff member must give notice in writing to The Service
of his/her intention to return to work not less than four weeks before the date when s/he
intends to return. The Service would request that employees give eight weeks’ notice of their
intention to return to work or as much notice as possible to make the necessary
arrangements to facilitate the staff members return.
Termination of carer's leave

Carer's leave will terminate in the following circumstances:
•
On the date of termination of the period of carer's leave specified in the confirmation
document.
•
On a date agreed by Management of the Service and the staff member.
•
Where the person in respect of whom the staff member has taken carer's leave ceases
to satisfy the conditions for a relevant person.
•
Where the staff member ceases to satisfy the conditions for the provision of full-time care
and attention.
•
On the date which The Service notifies the staff member to return to work, following a
decision of a deciding officer or an appeals officer that the leave should end.
•
Where the relevant person (care recipient) dies during a period of carer's leave, the
leave will terminate either six [6] weeks after the date of death, or
•
The date of termination specified in the confirmation document, whichever is earlier.
Obligations of the Service to notify the Department of Employment Affairs and Social
Protection
The Service must give notice to the Department of Employment Affairs and Social Protection
in writing that the leave has been terminated and specify the staff member's date of return to
employment
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19. FORCE MAJEURE LEAVE
Purpose
Force Majeure leave is provided for under the Parental Leave Act 1998. In the unfortunate
event of an illness or sudden injury of a member of an employee’s immediate family, an
employee whose presence to assist a family member is indispensable is entitled to paid
leave for that purpose.
Scope
This applies to all employees There is no requirement to have a length of service entitlement
for this leave.
Policy Procedure
Force Majeure Leave is provided for in Section 13 of the Parental Leave Act, 1998, as
amended by the Parental Leave (Amendment) Act 2006. Force majeure is a legal term
meaning that some important and critical event has taken place, thereby releasing a party
directly affected from its legal obligations in a particular matter that would otherwise have
applied.
Force Majeure Leave entitles an employee to paid time off, where for urgent family reasons,
owing to the injury or illness of an immediate family member, the immediate presence of an
employee at the place where the person is, is indispensable. Under these circumstances,
the employee is entitled to paid leave:
In accordance with the Act, the employee is entitled to three [3] days in any twelve [12]
month period or five [5] days in any period of thirty-six [36] months. Part-days shall be
regarded as full days for the purposes of the maximum number of days one [1] can take.
The immediate family members covered by the Act include:

•
A child/adoptive child of the employee
•
A spouse or person with whom an employee is living as husband and wife.
•
A person to whom the employee is in loco parentis.
•
A brother or sister of the employee
•
A parent or grandparent of the employee
•
A person who resides with the employee in a relationship of domestic dependency,
where one reasonably relies on the other to make arrangements for the provision of
care.
Notice
By definition, prior notice does not arise in the case of force majeure leave. However, an
employee who has availed of the entitlement must as soon as is reasonably practicable
thereafter, give written notice to his/her employer stating that he/she has taken such leave
and the date on which it was taken. The employee must also include a statement of the facts
entitling them to the leave.
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•
A Force Majeure Leave request form must be completed and submitted to management
on return from Force Majeure Leave.
•
Management reserves the right to decide whether the leave taken is Force Majeure
Leave as determined under the legislation.
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20. JURY SERVICE / WITNESS LEAVE
Purpose
To ensure that Little Rainbows Crèche is compliant with the Juries Act, 1976.
Scope
The obligation of citizens to attend for jury service is covered by the Juries Act, 1976.
Equally, a person may be compelled by a subpoena to attend to give evidence in legal
proceedings.
Management will facilitate employees with pay to undertake jury service or where an
employee is required to attend as a witness in legal proceedings Employees must notify
management as soon as the notice or the summons as appropriate is received and must
provide a certificate of attendance upon return to work. Employees are required to return to
work on any day or portion of a day where they are not needed for the particular duty.
In general it is not possible for a person to exempt themselves from jury service once called,
except in particular extenuating circumstances, for example, taking final examinations or
whilst on maternity leave. In such circumstances, Management write on the employee’s
behalf to the County Registrar, asking for the employee to be excused from jury service.
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21. MATERNITY LEAVE
Purpose
These policies have been developed to ensure compliance with the Maternity Protection
Acts, 1994 to 2004 and the related statutory regulations regarding maternity protection.
Scope
Female employees with Little Rainbows Crèche are entitled to maternity benefit if in
employment which is covered by the Maternity Protection Acts, 1994-2004, immediately
before the first day of her maternity leave and she satisfies certain PRSI contribution
conditions. There are entitlements to fathers in the event of the death of the mother in certain
circumstances.

If an employee is eligible, they are entitled to twenty-six [26] weeks maternity leave. Under
the legislation they must take at least two [2] of these weeks before the expected birth of the
baby and four weeks after. The maternity benefit payment lasts for twenty-six [26] weeks. If
the employee is eligible they will be entitled to receive social welfare maternity benefit
Pregnancy Risk Assessment

Management respectfully requests that if an employee becomes pregnant that they let the
Manager know at the earliest convenience. This is to ensure that Management complete the
required Pregnancy Risk Assessment Form and are aware of the working environment for
the pregnant employee. This information will be kept in strictest confidence until the
employee is ready to share her news with other employees.
Payment during Maternity Leave

Little Rainbows Crèche do not pay employees while on maternity leave. Employees should
apply for statutory maternity benefit from the Department of Employment Affairs and Social
Protection. The employee remains on the payroll on a non-pay basis for the duration of the
maternity leave.
However, this entitlement is subject to the employee:

•
Notifying management in writing of their intention to take maternity leave as soon as is
reasonably practicable but no later than four weeks before their maternity leave begins.
•
Producing at the time of notification a medical or other appropriate certificate confirming
the pregnancy and expected date of confinement.
Additional Unpaid Maternity Leave
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An employee is entitled to an additional further sixteen [16] weeks unpaid leave under
maternity legislation. This additional unpaid maternity leave must commence immediately
after the end of the normal maternity leave.
The employee must notify management in writing of their intention to take additional unpaid
maternity leave. This notification must be given:
– Not later than four [4] weeks before the date, which would have been their expected
return to work date.
Health and Safety Leave

When informed of an employee’s pregnancy, Management undertakes to review its safety
statement in order to identify hazards and reassess the risks from them in terms of health
and safety to the pregnant employee and the baby she is carrying. Where such risks exist,
management will do its utmost to eliminate them. Where a risk cannot be eliminated,
alternative work, where available, will be provided to the pregnant employee. Where a risk
cannot be eliminated and there is no alternative work available, the employee will be
required to go on health and safety leave.
Little Rainbows Crèche will conduct a maternity risk assessment with all pregnant
employees once the employee has notified management of their pregnancy.
Ante-natal & Post-natal Care

Employees are entitled to paid leave for antenatal and post-natal care. An employee may
also take time off for medical visits after the birth for up to fourteen [14] weeks including any
time taken on maternity leave after the birth. Employees are entitled to be paid while keeping
these medical appointments both before and after the birth. The employee must give
management at least two [2] weeks’ notice before each appointment.
For both ante-natal and post-natal appointments an official GP/Hospital appointment card
must be submitted to management in advance of the planned absence. It is expected that,
depending on the time that the appointment is scheduled for, employees attend work before
and after their appointment. The length of absence should equate to the length of time spent
at the appointments and the travel time required.
Expectant fathers have a once-off right to paid time off work to attend the two [2] antenatal
classes immediately prior to the birth. The provision for paid time off work to attend ante-
natal classes for expectant parents was brought into effect in SI 653 of 2004 Maternity
Protection (Time off for Ante–Natal Classes) Regulations 2004.
If the employee requires emergency leave due to urgent medical reasons an unscheduled
ante or postnatal examination, the employee must explain to management no later than one
week after the appointment, why the required notice was not given and also must prove that
the appointment was attended.
Postponing Maternity Leave

Section 7 of the Maternity Protection (Amendment) Act, 2004 provides for postponement of
maternity leave in strict circumstances (such as if an employee’s baby is hospitalised). The
right to postpone maternity leaves applies whether an employee is on maternity leave or on
additional unpaid maternity leave. The maximum amount of time that maternity leave can be
postponed for is six [6] months.
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An employee may only request that maternity leave be postponed once they have taken at
least fourteen [14] weeks maternity leave, four [4] of which must have been taken after the
birth.
If an employee postpones their maternity leave and returns to work, then the employee may
take their maternity leave in one block, not later than seven [7] days after the baby has been
discharged from hospital. Management reserves the right to request a letter from the hospital
confirming the date that the child has been hospitalised and a letter confirming the date that
the child has been discharged.
If an employee postpones their maternity leave and returns to employment, they should
notify the Department of Employment Affairs and Social Protection. The employee must
notify the Department in writing that their child has been hospitalised and that they have
returned to work. To resume maternity benefit a letter from the employee’s family doctor or
hospital is required to confirm to the Department that the child has been discharged from
hospital. Employees must quote their PPS number on all documentation to the Department.
Postponement of maternity leave only applies if the baby is hospitalised.
Illness while on Maternity Leave

If an employee postpones their maternity leave and becomes ill when they return to work
(before resuming the postponed maternity leave) the employee may be considered to have
started their resumed leave on the first day of the absence because of illness. Alternatively,
an employee may choose to forfeit their right to resumed leave and have the leave treated
as sick leave.
Premature Births
Where a child is born prematurely the mother’s paid maternity leave will be extended by the
equivalent of the duration between the actual date of birth of the premature baby and the
date when the maternity leave was expected to start.
For example, where a baby is born in the 30th week of gestation the mother would have an
additional entitlement of approximately 7 weeks of maternity leave and benefit i.e., from the
date of birth in the 30th week to the two weeks before the expected date of confinement.
This additional period will be added onto the mother’s normal entitlement to 26 weeks of
maternity leave and benefit, where the mother meets the ordinary qualifying criteria.
Employees of premature child should inform the employer as soon as possible of the birth of
the child.
Employees who have recently given birth will be allowed an adjustment of their working
hours or alternatively will be provided with suitable facilities in the workplace to facilitate
breast feeding for a period of twenty-six [26] weeks after birth in line with statutory
allowances.
Breastfeeding Mothers
Under the Maternity Protection (Protection of Mothers who are Breastfeeding) Regulations,
2004 the employee is entitled to breastfeeding breaks up to twenty-six [26] weeks after the
date of the confinement. The employee must inform the employer of her intention to avail of
these breaks. The breaks may be taken as follows:
•
One break of sixty [60] minutes
•
Two breaks of thirty [30] minutes each
•
Three breaks of twenty [20] minutes each
•
Any other duration of the time agreed by the employee and management.
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An employee may also choose a reduction of working hours for identical periods of time,
without loss of pay.
Leave in the event of a miscarriage or stillbirth

There is no entitlement to statutory maternity leave for a miscarriage occurring up to and
including the twenty forth [24th] week of pregnancy. Any confinement occurring after the
twenty fourth [24th] week, even if it does not result in a live birth, is covered by the Act.
To apply for Maternity Benefit following a stillbirth, an employee should forward a letter from
their doctor with the Maternity Benefit application form, confirming the expected date of birth,
the actual date of birth and the number of weeks of pregnancy.
Father’s right for leave

The following may apply to male employees in Little Rainbows Crèche . Fathers are entitled
to maternity leave if the mother dies within forty [40] weeks of the birth. In these
circumstances, the father is entitled to a period of leave, the extent of which depends on the
actual date of the mother’s death. If the mother dies within twenty-four [24] weeks of the birth
he has an optional right to the additional maternity leave. If the mother's death is over
twenty-four [24] weeks after the birth, the father is entitled to leave until forty [40] weeks after
the birth. The leave starts within seven [7] days of the mother's death.
This leave is conditional on the father giving management written notification no later than
the day he wishes to take the leave and if management so requests, providing a copy of the
mother’s death certificate and the child’s birth certificate as soon, as is reasonably possible.
The father will be entitled to a social welfare “maternity” benefit up to the 16th week
calculated on the basis of his PRSI contributions and his reckonable earnings.
Employee Obligations – Maternity Leave

There are obligations for the employee in relation to maternity leave on:
•
Notification of Return to Work
– Employees must give management four weeks written notice of their intention to
return to work.
•
Failure to notify
– Employees must provide management with medical evidence confirming their
pregnancy.
– Employees must notify management in writing, of their intention to take maternity
leave at least four weeks before the intended date of commencement.
– Employees must notify management, in writing, of their intention to take
additional unpaid leave at least four weeks prior to the unpaid leave commencing.
•
Protection of Rights
– Employees’ rights are protected while they are on maternity leave.
Completion of Forms for Payment - Maternity Leave

An employee intending to take maternity leave must fill out the appropriate maternity benefit
claim form, available from the Department of Employment Affairs and Social Protection, at
least eight weeks before maternity leave is due. The Manager will fill out the relevant
sections for an employer.
The form must be returned to the Department who will determine the employee’s
qualification for the payment of maternity benefit on the basis of her PRSI contributions. For
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current rates of maternity benefit, an employee should contact their local social welfare
office.
There is no provision for any payment by the Department of Employment Affairs and Social
Protection during a period of additional maternity leave.
In a case where Health and Safety leave cannot be avoided, Little Rainbows Crèche will pay
the first three weeks of such leave. Health and Safety benefit will be payable by the
Department thereafter.
22. ADOPTIVE LEAVE
Purpose
To ensure that the Little Rainbows Crèche provides entitlement to the Adoptive Leave Act,
1995 and Adoptive Leave Act, 1995 [Extension Periods of Leave] Orders 2001 and 2004 to
all adopting mothers under a contract of employment; all sole male adopters under a
contract of employment; all adopting fathers under a contract of employment, where the
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adopting mother has died before or during the period of adoptive leave or additional adoptive
leave.
Scope
An adopting mother, a sole male adopter or an adopting father if the mother dies, is entitled
to adoptive benefit provided the employment is covered by the Adoptive Leave Act, 1995
and Adoptive Leave Act, 1995 [Extension Periods of Leave] Orders 2001 and 2004. Certain
PRSI contributions must be satisfied. Employees are entitled to twenty-four [24] consecutive
weeks beginning at the date of the placement.
Policy
If an employee is eligible, they are entitled to 24 weeks adoptive leave.
Little Rainbows Crèche do not pay employees while on adoptive leave.
The adoptive benefit payment lasts for 24 weeks. If the employee is eligible, they will be
entitled to receive social welfare adoptive benefit. Employees should apply for statutory
adoptive benefit from the Department of Employment Affairs and Social Protection. The
employee remains on the payroll on a non pay basis for the duration of the adoptive leave.
Additional Adoptive Leave

The employee is entitled to unpaid adoptive leave of sixteen [16] consecutive weeks. (In the
case of foreign adoption, some or all of this leave may be taken before the date of the
placement). The employee must notify management in writing of their intention to take
additional unpaid adoptive leave. This notification must be given:
– Not later than four [4] weeks before the date, which would have been the expected
date of return to work.
– Employees must give adequate notice, in writing to the Manager of their intention to
take adoptive leave.
– The notice should be given at least four [4] weeks before the expected date of
placement of the child. The expected date of placement may be given later where
this is not possible.
Employee Obligations - Adoptive Leave

There are obligations for the employee in relation to adoptive leave on:
•
Notification of Return to Work
– Employees must give management four weeks written notice of their intention to
return to work
•
Failure to notify
–
Employees must provide management with legal evidence confirming their
adoption.
–
Employees must notify management in writing, of their intention to take adoptive
leave at least four weeks before the intended date of commencement.
–
Employees must notify management, in writing, of their intention to take
additional unpaid leave at least four weeks prior to the unpaid leave commencing.
•
Protection of Rights
– Employees’ rights are protected while they are on adoptive leave.
87
Completion of Forms for Payment - Adoptive Leave
An employee intending to take adoptive leave must fill out the appropriate adoptive benefit
claim form, available from the Department of Employment Affairs and Social Protection, at
least eight weeks before adoptive leave is due. The Manager will fill out the relevant sections
for an employer.
The form must be returned to the Department who will determine the employee’s
qualification for the payment of adoptive benefit on the basis of her PRSI contributions. For
current rates of adoptive benefit, an employee should contact their local social welfare office.
There is no provision for any payment by the Department of Employment Affairs and Social
Protection during a period of additional adoptive leave.
In a case where Health and Safety leave cannot be avoided, Little Rainbows Crèche will pay
the first three weeks of such leave. Health and Safety benefit will be payable by the
Department thereafter.
Resignation/Dismissal
The employer will not accept any resignation or issue notice of dismissal (to include
redundancy notice) during the period of protective leave or adoptive leave. In the event that
an employee wishes to resign during adoptive leave they should refer to the Manager in the
first instance.
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23. PARENTAL LEAVE
Purpose
This policy ensures that Little Rainbows Crèche is compliant with the Parental Leave Acts,
1998-2019 and EU (Parental leave) Regulations 2013.
Scope
Parental leave applies to all employees who meet the criteria for application for parental
leave as defined under the legislation.
Policy & Procedure

An employee must have completed one year’s continuous service with the company.
Should the situation arise, however, where an employee has more than three (3) month’s
service but less than twelve (12) and where the child is approaching the age threshold, the
employee will be entitled to one (1) week for every month of continuous service with (Little
Rainbows Crèche ).
Where an employee is acting in loco parentis of an eligible child they are also entitled to
parental leave. If an employee is permanent and part-time they will be entitled to parental
leave on a pro rata basis. This is calculated on the average number of hours worked per
week in the fourteen (14) week period prior to the commencement of the parental leave.
Parental leave is provided for the sole purpose of childcare and must not be used for a
purpose other than taking care of a child. If the staff member meets with the above
requirement and are either the natural or adoptive parent or acting in loco parentis, they are
entitled to twenty-six [26] unpaid leave to enable them to take care of their child/children
under the age of twelve (12) years. If a child has a disability or long-term illness the age limit
is sixteen (16) years. For adoptive children, if the child is under ten [10] years at the time of
the adoption, the leave must be taken before the child reaches twelve [12] years of age.
However, if the child is aged between ten [10] and twelve (12) years at the time of adoption,
the leave must be taken within two years of the adoption order.
Time allocation
The time allocation will be:

•
Twenty-six [26] weeks parental leave is available per eligible child and the maximum
time off in any one year is twenty-six [26] weeks irrespective of the number of
children that the parent may be entitled to take parental leave for.
Periods of training or probation will be extended to take account of the number of week's
absence due to parental leave.
Parental leave may be taken as a continuous block of twenty-six (26) weeks, or two [2]
separate blocks of a minimum of six [6] weeks or, by agreement with (Little Rainbows
Crèche ), may be broken up over a period of time, into separate blocks or by working
reduced hours.
Parental leave entitlements may be transferred from one parent to another if both parents
are employed by the same employer, subject to the employer’s agreement.
89
If a staff member falls ill while on parental leave and as a result is unable to care for the
child, the staff member may request to suspend the parental leave for the duration of the
illness following which the parental leave would then continue.
Parent’s Benefit Payment
The Department of Employment Affairs and Social Protection make a payment for two
weeks for a child under one years of age for paid parental leave. This applies to children in
the first year of adoption.
Requests for Parental Leave
Requests for parental leave must be made in writing to the Co-ordinator, a minimum of six
(6) weeks prior to the proposed date of commencement. The request must specify the
commencement date and duration of parental leave. A Birth Certificate for the child must be
attached. There are various administrative forms that must be completed. The forms can be
obtained by request to the Co-ordinator.
In cases where the taking of parental leave at the time specified in the notice to (Little
Rainbows Crèche ) would have a substantial adverse effect on the operation of the
business, (Little Rainbows Crèche ) may, by notice in writing to the staff member not later
than four (4) weeks prior to the intended date of commencement of the leave, postpone the
start of the leave to such time not later than six (6) months after the date of commencement
specified in the notice. Such a requirement will always be discussed with the staff member
and will then be issued formally in writing. The commencement of parental leave in respect
of a particular child may not be postponed more than once. Staff members should be
informed that parental leave is unpaid.
Once both parties have signed a confirmation document, it cannot be altered unless both
parties agree. The staff member may revoke, in writing, their notice of intention to take
parental leave at any time before the confirmation document is signed.
As a result of a postponement, if the child concerned reaches the age threshold before the
end of the leave, the staff member retains the entitlement to take the parental leave.
Both the staff member and (Little Rainbows Crèche ) will hold signed copies of all
confirmation documents. It is important for any staff member availing of this leave to keep
their own records.
Parental Leave Request Forms
Staff members requesting parental leave should complete the appropriate form in the Forms
Folder held in Little Rainbows Crèche .
90
24. PATERNITY LEAVE
Purpose
To ensure Little Rainbows Crèche comply with the Paternity Leave and Benefit Act 2016.
Paternity leave is available to eligible members of staff to allow them time off from work
around the birth or adoption of their child or the child of their spouse or partner.
Scope
This policy covers all part-time and full-time employees of the Service provided that they
meet the conditions outlined below.
Eligibility to take paternity leave

Paternity leave is available to employees who are deemed to be the “relevant parent” of a
child. Only one person who is a “relevant parent” in relation to a child can be entitled to
paternity leave in respect of that child. There is no qualifying period for entitlement to
paternity leave.
Under the Paternity Leave and Benefit Act 2016 a “relevant parent” is defined as:
(a) in the case of a child who is, or is to be, adopted –
(i) where the child is, or is to be, adopted jointly by a married couple of the same
sex, the spouse chosen by that couple to be the relevant parent for the
purposes of this Act, or
(ii) in any other case, the spouse, civil partner or cohabitant, as the case may be,
of the adopting mother or sole male adopter of the child,
or
(b) in any other case;
(i) the father of the child,
(ii) the spouse, civil partner or cohabitant, as the case may be, of the mother of
the child, or
(iii) a parent of the child under section 5 of the Children and Family Relationships
Act 2015 where the child is a donor-conceived child within the meaning of
Part 2 of that Act.
Entitlements and conditions

The following conditions apply to taking paternity leave.
•
Subject to eligibility and notification criteria being met, paternity leave will apply to births/
placements that take place on or after the 1 September 2016.
•
An employee who is a relevant parent may avail of a continuous period of two weeks
paternity leave. The leave entitlement must be taken as a block of two weeks and cannot
be fragmented into smaller periods of leave.
•
Paternity leave can begin at the time of the birth/adoption or within twenty-six [26] weeks
of the birth/placement of the child. The leave will commence on the date the relevant
parent selects in his/her written notification. It should be noted that paternity leave cannot
commence earlier than the date of birth or date of placement of the child and cannot
commence later than twenty-six [26] weeks after date of birth or the date of placement of
the child.
91
•
In the case of multiple births, or where two or more children are being adopted at the
same time, only a single two-week block of paternity leave applies.
•
Paternity leave must be used to assist in the provision of, care to the child or to provide
support to the relevant adopting parent or mother of the child, as the case may be, or
both.
Applying for paternity leave

Management must be notified, in writing, by the employee, at least four [4] weeks before
the employee intends to take the leave. A medical certificate confirming the date of
expected date of birth/certificate confirming the expected day of placement must
accompany this notice. The request must specify the commencement date of the period of
leave.
Early confinement
Where the birth of the child occurs four [4] or more weeks prematurely, the employee must
notify management of their intention to commence paternity leave in writing, within seven
[7] days of the birth. In such circumstances, the employee will be deemed to have complied
with the notification requirements of the Act.
Postponement of paternity leave due to late birth/postponed adoption placement

An employee who is a relevant parent may postpone a period of paternity leave where the
date of birth occurs after the date selected by a relevant parent in their notification to the
company or where the date of placement is postponed in the case of adoption. The relevant
parent may select another date on which paternity leave will commence.
Postponement of paternity leave due to illness of the relevant parent

In the event that an employee becomes ill before a period of paternity leave has
commenced, the period of leave may be postponed. Notification of a request to postpone the
leave due to illness must be received by the organisation as soon as possible after
becoming ill and must be accompanied by a medical certificate. The employee must follow
up in writing confirming the request to postpone the leave as soon as is reasonably
practicable but not later than the day on which the postponed leave begins. The leave may
be postponed until such time as the relevant parent is no longer sick. The period of
postponed leave must end not later than twenty-eight [28] weeks after the date of birth or
day of placement. The employee must notify the company when they intend to take the
postponed paternity leave not later than the day the employee commences the leave.
Postponement of paternity leave when the child is hospitalised

If the child is hospitalised, the employee may request in writing to postpone all or part of their
paternity leave. Postponement of paternity leave in such circumstances is subject to
approval by the organisation. The company will respond to the request for postponement as
soon as practicably possible with a decision on the matter.
Where the company agrees to postpone the leave, the leave will be postponed with effect
from a date agreed by both parties. The employee will return to work on a date agreed by
the company and employee. The postponed leave, which must be taken in a continuous
block not later than seven [7] days after the discharge of the child from hospital or such other
date as may be agreed upon between the employee and the company. The employee must
notify the company when they intend to take the postponed paternity leave not later than the
day the employee commences the leave.
It is important to note that if the employee falls ill during the period of postponement of
paternity leave, and requests to be viewed as being on sick leave from work, the employee
92
will forfeit the remainder of the paternity leave which cannot be taken at a later date following
the period of sick leave.
Payment during leave

During paternity leave, relevant parents who have the necessary PRSI contributions may be
entitled to paternity benefit subject to meeting certain criteria set by Department of
Employment Affairs and Social Protection. Claims should be made on a PB2 form, which are
available from the Department of Employment Affairs and Social Protection.
The relevant parent must have a Public Services Card to apply for Paternity Benefit. If the
relevant parent does not already have a Public Services Card, he/she can make an
appointment to get one at www.mywelfare.ie. The organisation will complete the employer’s
section of the form when it has been completed by the employee.
Transferred paternity leave

Where a relevant parent entitled to paternity leave in relation to a child dies, an employee
who is the surviving parent of the child will be entitled to the leave. This entitlement exists up
to twenty-eight [28] weeks after the date of birth or day of placement of the child.
Annual leave and public holidays

While on paternity leave employees retain the right to accrue annual leave and public
holidays as if the employee had not been absent from work.
Abuse of paternity leave

Where the organisation has reasonable grounds for believing that an employee who is on
paternity leave is not using the leave for the purpose for which it is intended, the organisation
may, by notice in writing given to the employee, terminate the leave and the notice will
contain a statement in summary form of the grounds for terminating the leave and will
specify the day by which the employee must return to work. If, following an investigation, an
employee is found to have abused this leave, he or she may be subject to disciplinary action,
Employment protection
An employee who is absent on paternity leave will be treated as if the employee had not
been absent. At the end of the paternity leave, the employee will be entitled to return to their
original job under terms and conditions no less favourable than those that would have
applied if they had not been absent.
25. PARENT’S LEAVE POLICY
Purpose
93
Parent’s Leave is available to eligible members of staff to take time off work to care for their
child and to be taken off within the first year of the birth or adoption of their child or the child
of their spouse or partner.
Scope
This policy covers all part-time and full-time employees of Little Rainbows Crèche subject to
meeting the conditions outlined below.
Eligibility to take Parent’s Leave

Parent’s Leave is available to employees who are deemed to be the “relevant parent” of a
child. There is no minimum service required with Little Rainbows Crèche to qualify for
Parent’s Leave. Parent’s Leave is not transferable between relevant parents.
Definition of “relevant parent”

Under the Act, a relevant parent is:
•
a parent of the child
•
the spouse, civil partner or cohabitant of a parent of the child
•
a parent of the child where the child is a donor-conceived child
•
the adopting mother or sole male adopter of the child
•
the spouse, civil partner or cohabitant of the adopting mother or sole male adopter of
the child
•
each individual in the couple where the child is, or is to be, adopted jointly by a
married couple of the same sex or a couple that are civil partners of each other, or a
cohabitating couple of the same sex.
In certain circumstances, this may mean that up to four individuals may be entitled to
Parent’s Leave in respect of a single child.
Entitlements and conditions

The following conditions apply to the taking of Parent’s Leave:
•
Subject to eligibility and following the correct notification procedure, Parent’s Leave will
apply to births/ adoption placements that take place on or after 1 November 2019.
•
An employee who is a relevant parent can take Parent’s Leave in a single block of two
weeks or in one-week blocks.
•
The leave will commence on the date that the relevant parent details in their written
notification.
•
In the case of multiple births, or where two or more children are adopted at the same,
only a single two-week entitlement of Parent’s Leave applies.
Applying for Parent’s Leave

Little Rainbows Crèche must be notified in writing by the employee at least 6 weeks before
the employee intends to take the leave.
Where Little Rainbows Crèche is not the same employer from whose employment that
maternity or adoptive leave has been taken, the employee is required to submit a copy of
94
the medical, or other appropriate certificate that confirms the pregnancy and specifies the
expected week of confinement / birth or date of adoption placement of the child.
Postponement of Parent’s Leave

In certain limited circumstances, the company may need to exercise its right to postpone
the request for Parent’s Leave for up to 12 weeks. Postponement may arise where Little
Rainbows Crèche is satisfied that the taking of the Parent’s Leave at the time specified in
the notification would have a substantial or adverse effect on the operation of the business
by reason of:
1. seasonal variations in the volume of work concerned.
2. the unavailability of a person to carry out your duties during the period of leave
requested.
3. the nature of your duties
4. the number of other colleagues availing of Parent’s Leave during the requested
period.
If the postponement results in the child reaching 1 year before the leave has been drawn
down, the 52-week cap will be extended by a further 12 weeks.
Early confinement
Where the birth of the child is premature by 4 weeks or more, the employee must notify
Little Rainbows Crèche within 7 days of the birth of their intention to commence Parent’s
Leave. In such circumstances, the employee will be deemed to have complied with the
notification requirements of the Act.
Postponement of Parent’s Leave due to late birth/postponed adoption placement

An employee who is a relevant parent may postpone a period of Parent’s Leave where the
date of birth occurs after the date selected by a relevant parent in their notification to the
company or where the date of placement is postponed in the case of adoption. The relevant
parent may select another date on which Parent’s Leave will commence.
Postponement of Parent’s Leave due to illness of the relevant parent

In the case where an employee falls ill before a period of Parent’s Leave has commenced,
the period of leave may be postponed. Notification of a request to postpone the leave due to
illness must be received by the company as soon as possible after becoming ill and be
accompanied by a medical certificate. The employee must follow up in writing confirming the
request to postpone the leave as soon as is reasonably practicable but not later than the day
on which the postponed leave begins.
The leave may be postponed until such time as the relevant parent is no longer sick. The
period of postponed leave must commence not later than 7 days after the relevant parent is
no longer sick or another date as agreed between the relevant parent and the company but
must end not later than 28 weeks after the date of birth or day of placement. The employee
must notify the company when they intend to take the postponed Parent’s Leave no later
than the day the employee commences the leave.
95
Postponement of Parent’s Leave when the child is hospitalised
If the child is hospitalised, the employee may request in writing to postpone all or part of their
Parent’s Leave. Postponement of Parent’s Leave in such circumstances is subject to
approval by the company. The company will respond to the request for postponement as
soon as is practicably possible with a decision on the matter.
Where the company agrees to postpone the leave, the leave will be postponed with effect
from a date agreed by both parties. The employee will return to work on a date agreed by
the company and employee. The postponed leave, which must be taken in a continuous
block not later than 7 days after the discharge of the child from hospital or such other date
as may be agreed upon between the employee and the company. The employee must notify
the company when they intend to take the postponed Parent’s Leave no later than the day
the employee commences the leave.
It is important to note that if the employee falls ill during the period of postponement of
Parent’s Leave, and requests to be viewed as being on sick leave from work, the employee
will forfeit the remainder of the Parent’s Leave which cannot be taken at a later date
following the period of sick leave.
Payment during leave

During Parent’s Leave, relevant parents with the necessary PRSI contributions are entitled
to Parent’s benefit from the Department of Social Protection. Claims should be made on a
PB2 form available from the Department of Social Protection.
The relevant parent must have a Public Services Card to apply for Parent’s Leave Benefit. If
the relevant parent does not already have a Public Services Card, he/she can make an
appointment to get one at www.mywelfare.ie. The company will complete the employer’s
section of the form when it has been completed by the employee.
(Amend with details of any top-up payments given by the employer and any qualifying
conditions).
Transferred Parent’s Leave

Where a relevant parent dies and is entitled to Parent’s Leave, an employee who is the
surviving parent of the child will be entitled to the leave. This entitlement exists up to 28
weeks after the date of birth or day of placement of the child.
Annual leave and public holidays
Employees on Parent’s Leave continue to accrue annual leave and public holidays as if they
had not been absent from work.
Abuse of Parent’s Leave
Where the company has reasonable grounds for believing that an employee on Parent’s
Leave is not using the leave for the purpose for which it is intended, the company may give
notice in writing to the employee to terminate the leave. The notice will contain a statement
in summary form of the grounds for terminating the leave and will specify the day by which
the employee must return to work. If, following an investigation, an employee is found to
96
have abused this leave, he or she may be subject to disciplinary action, up to and including
dismissal.
Employment protection
An employee who is absent on Parent’s Leave will be treated as if the employee had not
been absent. At the end of the Parent’s Leave, the employee will be entitled to return to their
original job under terms and conditions no less favourable than those that would have
applied if they had not been absent.
97
Employee Acceptance
Please Read and Sign
Thank you for reading this Staff Handbook. I hope it was helpful in outlining your conditions
of employment and our policies at Little Rainbows Crèche .
Please sign below:
98
I have read and fully understand the content
of the Staff Handbook and agree to abide by the terms, conditions and policies outlined. I
have received a job description and a contract of employment and I also participated in the
Induction Programme as outlined in this document.
Date:
Signed:
In the presence of:
Signed:
On behalf of Little Rainbows Crèche
99
Little Rainbows Creche & Montessori Artane/ Santry/ Griffith Woods
Data Protection
Consent to Process Sensitive Data
The information you have supplied to or may supply to Little Rainbows Limited (Artane and Santry) will
be used to assess your suitability for the post applied for or your ongoing employment needs. In order
to comply with the Data Protection Act, 1998 and the Data Protection (Amendment) Act, 2003 the
Company will need permission from you to hold and use personal information that could be considered
sensitive. This information will be used for any purpose relevant to the effective management of our
services, including but not limitedto the following categories:
 Checking suitability and fitness to work
 Administration in the selection process or personal administration
 Administration of pay and payroll functions
 Administration of sick pay and sick leave schemes
 Recording and managing training and personal development and performance
 Managing access to company premises
 Recording all leave entitlements
 Managing and maintaining a safe working environment.
Should you be employed by Little Rainbows Limited certain details from the information supplied on
application for employment with the Company may be checked and it will be entered in our personal
files which will allow the Company to administer your employment. This form will be placed into your
personnel file and retained until after you complete your employment with the Company – for as long
as the above legalisation dictates. All personal data may be stored for administrative purposes at your
place of employment, under the following address 39 Ardlea Road, Artane, D05 EW28 OR 1 The Ashes,
Santry Place, D09 TRR0.
Little Rainbows may retain the forms of unsuccessful applicants for twelve months in accordance with
current guidance.
Please be assured that the Company will protect your information and treat it as confidential at all
times. I understand that the above-mentioned information will be used only for the purposes set out in
the statement above, and my consent is confidential upon the Company complying with the obligations
and duties under the Data Protection Act, 1998 and the Data Protection (Amendment) Act, 2003.
Signed: ________________________________ Date: ________________________
10
0
Staff Declaration
I have read the Safety Statement and understand my obligations and duties therein. I
understand that these obligations and duties are legal requirements under The Safety,
Health and Welfare at Work Act, 2005.
Name: Date: Name: Date:
10
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Little Rainbows

Please refer to our COVID-19 19 Policies and Procedures, which

Griffith Woods Location: Griffith Woods, Griffith Avenue, Dublin

Artane Location:39 Ardlea Road, Artane, Dublin 5.

Santry Location: The Ashes, Santry, Dublin 9

Company Information & Policies 9

1. Employer Information for Employees 10

2. Alcohol & Substance Misuse 21

17. Annual Leave 71

EMPLOYEE ACCEPTANCE SIGN OFF SHEET 99

Manager (Person in Charge): Christina Ward

Deputy in the absence of the Manager: Dayna Hobbs

Health and Safety Officer: Dayna Hobbs

Fire Officer: Dayna Hobbs

First Aid Co-ordinator: Christina Ward

Child Protection Officer: Christina Ward

Deputy Child Protection Officer: Dayna Hobbs

Data Controller: Anne Campbell

Manager (Person in Charge): Ann Maher

Deputy in the absence of the Manager: Catherine Dunne

Health and Safety Officer: Catherine Dunne

Fire Officer: Catherine Dunne

First Aid Co-ordinator: Catherine Dunne

Child Protection Officer: Ann Maher

Deputy Child Protection Officer: Catherine Dunne

Manager (Person in Charge): Katie Campbell Egan

Deputy in the absence of the Manager: Kellie Mahony

Health and Safety Officer: Katie Campbell Egan

Fire Officer: Katie Campbell Egan

First Aid Co-ordinator: Kellie Mahony

Child Protection Officer: Katie Campbell Egan

Deputy Child Protection Officer: Kellie Mahony

Data Controller: Anne Campbell

· Signed contract of employment.

Absence Due to Unforeseen Circumstances

Changes in Personal Details

Changes in Policies and or Terms and Agreements

Childcare Policies and Procedures

Commitment and Flexibility

Data Protection Acts 1988 -2018

Hours of Work and Timekeeping

Lay-off / Short time

Employees may contribute to a PRSA scheme. Employees on commencement of

Return of Little Rainbows Crèche Property

Supervision and Appraisal Policy

Time Off in Lieu (Toil)

All employees are required to ‘sign in’ in the Registration Book.

Policy & Procedure

If an employee’s work performance or behaviour is unsatisfactory and the Manager

3. CODE OF ETHICS - WORKING WITH CHILDREN

Policies and Procedure:

Policy & Procedure

You should be aware that:

Management's Right to Access Information

Statements to the Media

Telephone Calls/Mobile Phones

The protocol guidelines are:

Inappropriate posts include - posting promotions, using inappropriate language,

I give this consent voluntarily

.……………………………………………….. Signature of Staff

. ……………………………………………….. (on behalf of Management)

Policy & Procedure

a) Poor Work Performance/Capability: