Extension of parental leave to 18 weeks from 8th March 2013 in Ireland

Extension of parental leave to 18 weeks

The Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, allows parents in Ireland to take parental leave from employment in respect of certain children. A person acting in loco parentis with respect to an eligible child is also eligible. On 8 March 2013, Regulations giving effect to EU Directive 2010/18/EU on parental leave increased the amount of parental leave available to each parent per child from 14 weeks to 18 weeks. The Regulations also provide that a parent returning from parental leave may request a change in working hours – see ‘Rules’ below. The Regulations apply to all children who currently qualify for parental leave.

Can an Employer refuse an employee leave?

If an employer refuses leave and has not given the employee the necessary written notice, the employee is entitled to refer the matter to a Rights Commissioner. The Rights Commissioner may order that either or both of the following should occur :-

(a) grant of parental leave of such length to be taken at such time or times and in such manner as may be so specified and/or(b) an award of compensation in favour of the employee concerned to be paid by the employer concerned.

The amount of compensation awarded shall not exceed 20 weeks remuneration.It is important to note that your employees are not entitled to receive payment from your employer while taking parental leave.

Age of Child

Since 18 May 2006, leave can be taken in respect of a child up to 8 years of age (was 5 years). Your right to Parental Leave en

ds on the day on which the child concerned reaches the age of 8. In the case of a child with a disability leave may be taken up to 16 years of age. In addition an extension may also be allowed where illness or other incapacity prevented the employee taking the leave within the normal period.

Amount of Parental Leave
Since 8^th March 2013 the amount of parental leave available for each child amounts to a total of 18 working weeks per child. Where an employee has more than one child, parental leave is limited to 18 weeks in a 12-month period. This can be longer if the employer agrees. Parents of twins or triplets can take more than 18 weeks of parental leave in a year. The 18 weeks per child may be taken in one continuous period or in 2 separate blocks of a minimum of 6 weeks. There must be a gap of at least 10 weeks between the 2 periods of parental leave per child. However, if your employer agrees you can separate your leave into periods of days or even hours. Both parents have an equal separate entitlement to parental leave. Unless you and your partner work for the same employer, you can only claim your own parental leave entitlement (18 weeks per child). If you both work for the same employer and your employer agrees you may transfer your parental leave entitlement to each other.

Illness of Parent

If the parent becomes ill while on parental leave and is unable to care for the child the leave can be suspended for the duration of the illness. In order to suspend the parental leave the employee must give written notice and relevant evidence of the illness to the employer as soon as is reasonably practicable. The parental leave resumes after the illness. During the illness the parent is treated as an employee who is sick.

Employment Rights while on Parental Leave

You are not entitled to pay from your employer while you are on parental leave nor are you entitled to any social welfare payment equivalent to Maternity Benefit or Adoptive Benefit. Taking parental leave does not affect other employment rights you have. Apart from the loss of pay and pension contributions, your position remains as if no parental leave had been taken. This means, for example, that time spent on parental leave can be used to accumulate your annual leave entitlement. The legislation only provides for the minimum entitlement. Your contract may give you more extensive rights.

Social Insurance Contributions

The Minister for Social Protection has introduced Regulations to ensure preservation of social insurance (PRSI) records for employees who take parental leave. Your employer must write to the Records Update Section of Department of Social Protection (DSP), detailing the weeks you have not worked, so that you can get credited PRSI contrib utio ns for this time (see ‘Where to apply’ below). You can find information about credited contributions and parental leave on the DSP website.

Annual Leave and Public Holidays on Parental Leave

While on parental leave, you must be regarded for employment rights purposes as still working. This means that you can build up annual leave while on parental leave. If your annual holidays fall due during parental leave, they may be taken at a later time. A public holiday that falls while you are on parental leave and on a day when you would normally be working is added to your period of leave.

Rules

Generally you must have been working for your employer for a year before you are entitled to parental leave. However if your child is very near the age threshold and you have been working for your employer for more than three months but less than one year you are entitled to pro-rata parental leave. This is one week’s leave for every month of employment completed.
If you change job and have used part of your parental leave allowance you can use the remainder after one year’s employment with your new employer provided your child is still under the qualifying age
Apart from a refusal on the grounds on non-entitlement, an employer may also postpone the leave for up to 6 months. This must be done before the confirmation document is signed. After that, the leave cannot be postponed without further written agreement. Grounds for such a postponement include lack of cover or the fact that other employees are already on parental leave. Normally only one postponement is allowed, but it may be postponed twice if the reason is seasonal variations in the volume of work.
Parental leave is to be used only to take care of the child concerned. If the parental leave is taken and used for another purpose the employer is entitled to cancel the leave.
Employers must keep records of all parental leave taken by their employees. These records must include the period of employment of each employee and the dates and times of the leave taken. Employers must keep these records for 8 years. If an employer fails to keep records they may be liable to a fine of up to €2000.
You are entitled to return to your job after your parental leave unless it is not reasonably practicable for the employer to allow you to return to your old job. If this is the case you must be offered a suitable alternative on terms no less favourable compared with the previous job including any improvement in pay or other conditions which occurred while you were on parental leave. The legislation protects parents who take parental leave from unfair dismissal.
Since 8 March 2013, when you return to work after taking parental leave, you are entitled to ask for a change in your work pattern or working hours for a set period. Your employer must consider your request but is not obliged to grant it.

How to Apply for Parental Leave

You must give written notice to your employer of your intention to take parental leave. You should inform your employer in writing at least 6 weeks before the leave is due to start. The notice should state the starting date and how long the leave will last. After this not less than 4 weeks before the leave is due to start, you will need to sign a document with your employer confirming the details of the leave. For more information on parental leave you can contact the Equality Authority – see ‘Where to apply’ below. You can find the booklet, Your Parental Leave Rights Explained (pdf) on the Equality Authority website. Disputes about parental leave may be referred by the employee or the employer using the new single complaint form.

Where to Apply for Parental Leave

PRSI Records – Department of Social Protection McCarter’s Road  Ardaravan  Buncrana  Donegal  Ireland Tel:(01) 471 5898  Locall:1890 690 690   http://www.welfare.ie/ The Equality Authority – Birchgrove House Roscrea Tipperary Ireland Tel:+353 (0)505 24126  Locall:1890 245 545  Fax:+353 (0)505 22388 Homepage: http://www.equality.ie  Email: info@equality.ie

If you would like any further details on this or any other HR areas, please contact 01 406 14 75 or info@kala.ie.

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