PART I
Preliminary and General
Short title and commencement.
1
1.—(1) This Act may be cited as the Parental Leave Act, 1998.
(2) This Act shall come into operation on the 3rd day of December, 1998.
2
2.—(1) In this Act—
[‘adoption order’ means an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or a recognition of an intercountry adoption effected
outside the State within the meaning of that Act;]
“confirmation document” has the meaning assigned to it by section 9;
“contract of employment” means—
(a) a contract of service or apprenticeship, or
(b) any other contract whereby an individual agrees with another person, who is carrying
on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work
or service for a third person (whether or not the third person is a party to the contract),
whether the contract is express or implied and if express, whether it is oral or in
writing;
“date”, in relation to a confirmation document, means the date on which it is signed by
the parties thereto or the later of the dates on which it is so signed;
“employee” means a person of any age who has entered into or works under (or, where the employment
has ceased, entered into or worked under) [a contract of employment and includes a part-time employee and a fixed-term employee,] and references, in relation to an employer, to an employee shall be construed as
references to an employee employed by that employer; and for the purposes of this
Act, a person holding office under, or in the service of, the State (including a member
of the Garda Síochána or the Defence Forces or a civil servant within the meaning of the Civil Service Regulation Act, 1956) shall be deemed to be an employee employed by the head (within the meaning of the
Freedom of Information Act, 1997), of the public body (within the meaning aforesaid) in which he or she is employed
and an officer or servant of a local authority for the purposes of the Local Government Act, 1941, or of a harbour authority, health board or [a member of staff of an education and training board] shall be deemed to be an employee employed by the authority [or board], as the case may be;
“employer”, in relation to an employee—
(a) means the person with whom the employee has entered into or for whom the employee
works under (or, where the employment has ceased, entered into or worked under) a
contract of employment, subject to the qualification that the person who under a contract
of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the remuneration of the individual concerned in respect of the work
or service concerned shall be deemed to be the individual's employer, and
(b) includes, where appropriate, the successor or an associated employer of the employer;
[‘fixed-term employee’ has the meaning assigned to it by section 2(1) of the Protection of Employees (Fixed-Term Work) Act 2003;]
“force majeure leave” shall be construed in accordance with section 13(1);
“job”, in relation to an employee, means the nature of the work that the employee is employed
to do in accordance with his or her contract of employment and the capacity and place
in which he or she is employed;
“the Minister” means the Minister for Justice, Equality and Law Reform;
“parental leave” shall be construed in accordance with section 6(1);
[‘part-time employee’ has the meaning assigned to it by section 7(1) of the Protection of Employees (Part-Time Work) Act 2001;]
“prescribed” means prescribed by the Minister by regulations;
“successor”, in relation to an employer, shall be construed in accordance with section 15(1);
“the Tribunal” means the Employment Appeals Tribunal.
(2) For the purposes of this Act, two employers shall be taken to be associated if one
is a body corporate of which the other (whether directly or indirectly) has control
or if both are bodies corporate of which a third person (whether directly or indirectly)
has control and “associated employer” shall be construed accordingly.
(3) In this Act—
(a) a reference to a Part or section is a reference to a Part or section of this Act unless
it is indicated that reference to some other provision is intended,
(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection,
paragraph or subparagraph of the provision in which the reference occurs unless it
is indicated that reference to some other provision is intended, and
(c) a reference to any enactment shall be construed as a reference to that enactment as
amended, adapted or extended, whether before or after the passing of this Act, by
or under any subsequent enactment.
[(4) A word or expression used in this Act and also in Council Directive 2010/18/EU1 of 8 March 2010 shall have the same meaning in this Act as in that Directive.]
Annotations:
Amendments:
F1
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 169, S.I. No. 511 of 2010.
F2
Substituted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 3(a)(i), in effect as per reg. 1(2).
F3
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 26, S.I. No. 211 of 2013.
F4
Inserted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 3(a)(ii), in effect as per reg. 1(2).
F5
Substituted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 3(b), in effect as per reg. 1(2).
Modifications (not altering
text):
C2
Prospective affecting provision: functions transferred and Employment Appeals Tribunal
construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.
Transfer of functions from Employment Appeals Tribunal
66.(1) (a) All functions that, immediately before the dissolution day, were vested
in the Employment Appeals Tribunal are transferred to the Commission in so far as
they relate to any claim for redress, dispute or complaint determined by the Employment
Appeals Tribunal under an employment enactment before that day.
(b) All functions that, immediately before the dissolution day, were vested in the
Employment Appeals Tribunal are transferred to the Labour Court in so far as they
relate to appeals determined by the Employment Appeals Tribunal under an employment
enactment before that day.
(2) (a) References in any enactment or instrument under an enactment to the Employment
Appeals Tribunal in so far as they relate to a function transferred by paragraph (a)
of subsection (1) shall be construed as references to the Commission.
(b) References in any enactment or instrument under an enactment to the Employment
Appeals Tribunal in so far as they relate to a function transferred by paragraph (b)
of subsection (1) shall be construed as references to the Labour Court.
(3) This section shall come into operation on the dissolution day.
3
3.—(1) The Minister may—
(a) by regulations provide for any matter referred to in this Act as prescribed or to
be prescribed, and
(b) make regulations generally for the purpose of giving effect to this Act and, if in
any respect any difficulty arises during the period of two years after the commencement
of this section in bringing into operation this Act, by regulations do anything which
appears to be necessary or expedient for enabling this Act to have full effect.
(2) Before making a regulation under this Act, the Minister shall consult with persons
whom he or she considers to be representative of employers generally and persons whom
he or she considers to be representative of employees generally in relation to the
regulation.
(3) A regulation under this Act may contain such consequential, supplementary and ancillary
provisions as the Minister considers necessary or expedient.
(4) Every regulation under this Act shall be laid before each House of the Oireachtas
as soon as may be after it is made and, if a resolution annulling the regulation is
passed by either such House within the next 21 days on which that House has sat after
the regulation is laid before it, the regulation shall be annulled accordingly, but
without prejudice to anything previously done thereunder.
Voidance or modification of certain provisions in agreements.
4
4.—(1) A provision in any agreement shall be void in so far as it purports to exclude or
limit the application of any provision of this Act or is inconsistent with any provision
of this Act.
(2) A provision in any agreement which is or becomes less favourable in relation to an
employee than a similar or corresponding entitlement conferred on the employee by
this Act shall be deemed to be so modified as to be not less favourable.
(3) Nothing in this Act shall be construed as prohibiting the inclusion in an agreement
of a provision more favourable to an employee than any provision in Parts II to V.
(4) References in this section to an agreement are to any agreement, whether a contract
of employment or not and whether made before or after the passing of this Act.
5
5.—Any expenses incurred by the Minister or the Minister for Enterprise, Trade and Employment
in the administration of this Act shall, to such extent as may be sanctioned by the
Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II
Parental Leave and Force Majeure Leave
[Entitlement to parental leave.
6
6.—
(1)
Subject to this Act, an employee who is a relevant parent in respect of a child
shall be entitled to leave from his or her employment, to be known and referred to
in this Act as ‘parental leave’, for a period of [18 working weeks] to enable him or her to take care of the child.
(2)
Subject to sections 10(4) and 11(6), a period of parental leave shall end—
(a)
subject to paragraphs (b) and (c), not later than the day on which the child concerned attains the age of 8 years,
(b)
subject to paragraph (c), in the case of a child who—
(i)
is the subject of an adoption order, and
(ii)
has, on or before the date of the making of that order, attained the age
of 6 years but not 8 years,
not later than the expiration of the period of 2 years beginning on that date,
or
(c)
if the child concerned has a disability [or a long-term illness], not later than the day on which the child—
(i)
attains the age of 16 years, or
[(ii) ceases to have that disability or long-term illness or any other disability or
long-term illness,]
whichever first occurs.
(3)
A period of parental leave shall not commence before a time when the employee
concerned has completed one year’s continuous employment with the employer from whose employment the leave is taken.
(4)
Subject to this Act, an employee shall be entitled to parental leave in respect
of each child of which he or she is a relevant parent.
(5)
A person who is a relevant parent in more than one capacity in respect of a
child shall not be entitled to parental leave in more than one such capacity in respect
of the child.
(6)
Where 2 or more relevant parents in respect of a child are entitled to parental
leave in respect of the child, none of the parents shall be entitled to—
(a)
the parental leave of any other parent in respect of the child, or
(b)
transfer any part of the period of his or her parental leave to any other
parent in respect of the child.
[(6A) Notwithstanding subsection (6), where 2 or more relevant parents in respect of
a child are entitled to parental leave in respect of the child and the parents are
each employed by the same employer, then each relevant parent shall, subject to the
consent of the employer concerned, be entitled to transfer part, not exceeding 14
working weeks, of the period of his or her parental leave to any other relevant parent
in respect of the child.]
(7)
Notwithstanding subsection (3), where an employee—
(a)
will not have completed one year’s continuous employment with his or her employer on the latest day for commencing
a period of parental leave having regard to subsection (2), but
(b)
has completed 3 months of such employment on the latest day for commencing
a period of such leave provided for by this subsection,
the employee shall, subject to this Act, be entitled to parental leave for
a period of one week for each month of continuous employment that he or she has completed
with the employer at the time of the commencement of the leave.
(8)
Where, before the relevant day, a person who is a relevant parent in respect
of a child—
(a)
has taken 14 weeks parental leave in respect of the child (and irrespective
of whether the leave consisted of a continuous period or a number of periods), or
(b)
has not taken 14 weeks parental leave in respect of the child (and irrespective
of whether the person was prevented from taking all or any of the parental leave by
the operation of subsection (3) of this section as in force before the relevant day),
then, on and after the relevant day—
(c)
if paragraph (a) is applicable, nothing in this Act as amended by the relevant Act shall entitle
the person to any further period of parental leave in respect of that child, and
(d)
if paragraph (b) is applicable, this Act as amended by the relevant Act shall apply to so much of
the 14 weeks of parental leave referred to in that paragraph as was not taken before
the relevant day in respect of that child.
(9)
In this section—
‘adopting parent’ means an adopting father, adopting mother or sole male adopter within the meaning
of the definitions of ‘adopting father’, ‘adopting mother’ and ‘sole male adopter’ respectively in section 2 of the Adoptive Leave Act 1995 but as if, in each of those
definitions, the words ‘or is to be placed’ were omitted;
‘adoptive parent’, in relation to a child, means a person in whose favour an adoption order in respect
of the child has been made and is in force;
[‘continuous employment’ includes employment completed by an employee under two or more continuous fixed-term
contracts with the same employer;]
[‘continuous fixed-term contract’ has the same meaning as it has in section 9(2) of the Protection of Employees (Fixed-Term Work) Act 2003;]
‘disability’, in relation to a child, means an enduring physical, sensory, mental health or intellectual
impairment of the child such that the level of care required for the child is substantially
more than the level of care that is generally required for children of the same age
who do not have any such impairment;
[‘long-term illness’, in relation to a child, means a long-term illness, the effect of which is that the
level of care required for the child is substantially more than the level of care
that is generally required for children of the same age who do not have any such long
term illness;]
‘relevant Act’ means the Parental Leave (Amendment) Act 2006;
‘relevant day’ means the day on which section 2
of the relevant Act comes into operation;
‘relevant parent’, in relation to a child, means a person who is—
[(a) the parent, the adoptive parent or the adopting parent in respect of the child,
or]
(b)
acting in loco parentis to the child.]
Annotations:
Amendments:
F6
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 2, commenced on enactment.
F7
Substituted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 4, in effect as per reg. 1(2).
F8
Inserted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 4, in effect as per reg. 1(2).
F9
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 178, S.I. No. 12 of 2016.
Editorial Notes:
E4
Previous affecting provision: subs. (6) amended (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 3(a), commenced on enactment. This 2006 amendment which had a small
error was in turn repealed (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 3 and schedule, S.I. No. 274 of 2008.
E5
Previous affecting provision: Parental Leave Act 1998, s. 6(2), repealed (19.07.2000) by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000), reg. 3(3).
E6
Previous affecting provision: Application of Act extended to certain parents (19.07.2000)
by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000) for period to 31 December 2001.
Manner in which parental leave may be taken.
7
7.—(1) Subject to this Act, parental leave may consist of—
(a) a continuous period of [18 weeks], […]
[(aa)
subject to subsection (1A), 2 separate periods—
(i)
each consisting of not less than 6 weeks, and
(ii)
not exceeding [18 weeks] in total, or
]
(b) with the agreement of the employer or representatives of the employer and other employers
and the employee or representatives of the employee and other employees, a number
of periods each of which comprises—
(i) one or more days on which, but for the leave, the employee would be working in the
employment concerned,
(ii) one or more hours during which, but for the leave, the employee would be working in
the employment concerned, or
(iii) any combination of periods referred to in subparagraphs (i) and (ii).
[(1A)
Subject to subsection (1B), where parental leave in respect of a child is taken
by an employee pursuant to subsection (1)(aa), then in respect of that child the employee is not entitled to take the second period
of parental leave unless not less than 10 weeks have elapsed since the first period
of parental leave ended.
(1B)
The employer concerned (or representatives of the employer and other employers)
and the employee concerned (or representatives of the employee and other employees)
may agree to a shorter period than the 10 weeks referred to in subsection (1A), either
in a particular case or a class of cases.
]
(2) (a) Parental leave taken by an employee pursuant to subsection (1) (b) shall be such that the number of hours during which, but for the leave, the employee
would be working in the employment concerned equals—
(i) the number of hours during which the employee worked in the employment concerned in
such continuous period of [18 weeks] before the commencement of the leave as may be determined by the employee concerned
and the employer, or
(ii) if the employee and the employer fail to determine a period for the purposes of subparagraph (i), [18 times] the average number of hours per week during which the employee worked in the employment
in each of the periods of [18 weeks] ending immediately before the commencement of each week in which he or she takes
any of the leave.
(b) In determining a period [referred to in paragraph (a) or (aa)], holidays (including public holidays) to which the employee concerned is entitled
or days on which he or she is absent from work on sick leave, maternity leave, adoptive
leave, or force majeure leave shall be excluded and a corresponding number of days immediately before the
commencement of the period shall be included and time spent on parental leave by the
employee shall be deemed to be time spent by him or her at work in the employment
concerned.
(3) [Subject to subsection (3A), where] an employee is entitled to parental leave in respect of more than one child and the
children concerned are not children of a multiple birth, the period of parental leave
taken by him or her in any period of 12 months shall not, without the consent of the
employer, exceed that provided for in subsection (1).
[(3A)
Subsection (3) shall not apply to—
(a)
any period of parental leave proposed to be taken by an employee—
(i)
in respect of a child who has attained the age of 7 years before or on the
date of commencement of this subsection, and
(ii)
before the 1st anniversary of that date,
if the operation of section 6(2)(a) would prevent the employee from taking all or any part of that parental leave after
that date, or
(b)
any period of parental leave proposed to be taken by an employee—
(i)
in respect of a child who has attained the age of 15 years before or on the
date of commencement of this subsection, and
(ii)
before the 1st anniversary of that date,
if the operation of section 6(2)(c) would prevent the employee from taking all or any part of that parental leave after
that date.
]
(4) (a) Where any holiday (other than a public holiday) to which an employee is entitled falls
during a period of parental leave of the employee and on a day when (but for the leave
and the holiday) the employee would be working in the employment concerned, the holiday
shall be taken at such other time as may be determined by the employer concerned pursuant
to section 20 of the Organisation of Working Time Act, 1997.
(b) Where any public holiday to which an employee is entitled falls during a period of
parental leave of the employee and on a day when (but for the leave and the holiday)
the employee would be working in the employment concerned, a day shall be added to
the period of parental leave that the employee is entitled to take.
Annotations:
Amendments:
F10
Substituted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 5, in effect as per reg. 1(2).
F11
Deleted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 4(a)(i), commenced on enactment.
F12
Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 4(a)(ii), (b) and (e), commenced on enactment.
F13
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 4(c) and (d), commenced on enactment.
Editorial Notes:
E7
Previous affecting provision: application of Act restricted in relation to certain
parents (19.07.2000) by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000), reg. 6, for period to 31 December 2001.
Notice of parental leave.
8
8.—(1) When an employee proposes to take parental leave, he or she shall, as soon as reasonably
practicable but not later than 6 weeks before the commencement of the leave, give
notice in writing of the proposal to his or her employer.
(2) A notice under subsection (1) shall specify the date of commencement of the parental leave concerned and its duration
and the manner in which it is proposed to be taken and shall be signed by the employee
concerned.
(3) Before the date of the confirmation document concerned, an employee may, by notice
in writing signed by him or her and given to his or her employer, revoke a notice
under subsection (1) given by him or her and, if the employee does so, he or she shall not be entitled
to take parental leave at the time specified in the latter notice.
(4) Notwithstanding subsection (1), where leave purporting to be parental leave is taken by an employee who is entitled
to parental leave but who has not complied with subsection (1) in relation to the leave, the employer may, at his or her discretion, treat the leave
as parental leave and this Act shall apply accordingly.
(5) An employer shall retain a notice given to him or her under this section and shall
give a copy of it to the employee concerned who shall retain it.
[(6)
An employee who has given a notice to his or her employer under subsection (1)
shall, if the employer so requests, furnish to the employer such evidence as the employer
may reasonably require in relation to—
(a)
the date of birth of the child in respect of whom the parental leave is sought,
(b)
the employee being a relevant parent, within the meaning of section 6(9), of
the child, and
(c)
if relevant, the disability, within the meaning of section 6(9), of the child.
(7)
Where an employee proposes to take parental leave in respect of a child pursuant
to section 7(1)(aa), then the notice under subsection (1) required to be given by the employee shall,
for the purposes of this Act, be treated as—
(a)
one such notice if the employee complies with that requirement by giving one
notice specifying the 2 periods of parental leave proposed to be taken, and
(b)
2 such notices if the employee complies with that requirement by giving 2 notices
each specifying one of the periods of parental leave proposed to be taken,
and the other provisions of this Act (including section 11) shall be construed
accordingly.]
Annotations:
Amendments:
F14
Substituted and inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 5, commenced on enactment.
Confirmation of parental leave.
9
9.—(1) Where an employee has given a notice under section 8(1) to his or her employer, they shall, not less than 4 weeks before the commencement
of the parental leave concerned, prepare and sign a document (referred to in this
Act as “a confirmation document”) specifying the date of commencement of the leave, its duration and the manner in
which it will be taken.
(2) Where leave is treated as parental leave pursuant to section 8(4), a confirmation document in relation to the leave shall be prepared and signed by
the employer and the employee concerned as soon as may be.
(3) An employer shall retain a confirmation document signed by him or her and shall give
a copy of it to the employee concerned who shall retain it.
Postponement, curtailment and variation of parental leave by parties concerned.
10
10.—(1) Subject to this Act, when a confirmation document has been prepared and signed in
accordance with section 9, the employee concerned shall not be entitled to work in the employment concerned
during the period of parental leave specified in the document.
[(2)
Notwithstanding subsection (1), if, after the date of a confirmation document
(whether or not the period of parental leave to which it relates has commenced)—
(a)
the employer concerned or his or her successor and the employee concerned
so agree, the leave or part of it may be postponed to such time as may be so agreed
upon, the period of such leave may be curtailed in such manner and to such extent
as may be so agreed upon or the form of the leave may be varied in such manner as
may be so agreed upon, and in such a case the confirmation document shall be amended
accordingly, or
(b)
the employee concerned becomes sick such that the employee is unable to care
for the child the subject of the parental leave to which the confirmation document
relates, then the employee may, by notice in writing given to the employer concerned
or his or her successor, as soon as is reasonably practicable after becoming sick,
and accompanied by the relevant evidence in respect of the sickness—
(i)
if the period of parental leave has not commenced, postpone the taking of
the leave to such time as the employee is no longer sick, or
(ii)
if the period of parental leave has commenced, suspend the taking of the
balance of the leave to such time as the employee is no longer sick,
and in such a case the confirmation document shall be deemed to be amended
accordingly.
]
(3) Where parental leave is curtailed under [subsection (2)(a)] or Part IV, the parental leave not taken by reason of the curtailment may be taken at such other
time as may be agreed upon by the parties concerned.
[(4)
If, solely because of the postponement or suspension under subsection (2)(b) of the taking of parental leave, or of the taking of the balance of parental leave,
as the case may be, the period of the parental leave ends by virtue of the operation
of section 6(2), then the event which causes that period to so end shall be deemed,
for the purposes of this Act, to have occurred after the end of that period.
(5)
In subsection (2)(b), ‘relevant evidence’, in relation to an employee, means—
(a)
a medical certificate—
(i)
stating that the employee named in the certificate is, by reason of the sickness
specified in the certificate, unable to care for the child named in the certificate,
and
(ii)
signed by a registered medical practitioner within the meaning of section
2 of the Medical Practitioners Act 1978,
or
(b)
if the employee does not have a medical certificate referred to in paragraph
(a), such evidence as the employer concerned or his or her successor may reasonably
require in order to show that the employee is, by reason of sickness, unable to care
for the child concerned.]
Annotations:
Amendments:
F15
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 6(a) and (b), commenced on enactment.
F16
Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 6(c), commenced on enactment.
Editorial Notes:
E8
The reference in subs. (5)(a)(ii) to a medical practitioner has been amended to refer
to a medical practitioner within the meaning of the Medical Practitioners Act 2007 (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.
E9
Previous affecting provision: application of Act restricted and modified in relation
to certain parents (19.07.2000) by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000), reg. 7 (a) and (b) for period to 31 December 2001.
Postponement by employer of parental leave.
11
11.—(1) Subject to this section, where an employee has given a notice under section 8(1) to his or her employer and the employer is satisfied that the taking of parental
leave at the time specified in the notice would have a substantial adverse effect
on the operation of his or her business, profession or occupation by reason of seasonal
variations in the volume of the work concerned, the unavailability of a person to
carry out the duties of the employee in the employment, the nature of those duties,
the number of employees in the employment or the number thereof whose periods, or
parts of whose periods, of parental leave will fall within the period specified in
the said notice or any other relevant matters, the employer may, by notice in writing
given to the employee not later than 4 weeks before the intended commencement of the
leave, postpone the commencement of the leave to such time not later than 6 months
after the date of commencement specified in the relevant notice under section 8(1) as may be agreed upon by the employer and the employee.
(2) Before giving a notice under this section to an employee, an employer shall consult
with the employee in relation to the proposed postponement of parental leave.
(3) A notice under subsection (1) shall contain a statement in summary form of the grounds for the postponement of
the commencement of the parental leave concerned.
(4) The commencement of parental leave in respect of a particular child may not be postponed
more than once under this section unless a ground for the postponement is seasonal
variation in the volume of the work concerned; and, where that is a ground for the
postponement, such commencement in respect of a particular child may not be postponed
more than twice.
(5) Subsection (1) does not apply to parental leave in relation to which a confirmation document has
been signed by the parties concerned.
[(6)
If, solely because of the postponement under this section of the commencement
of parental leave, the period of the parental leave ends by virtue of the operation
of section 6(2), then the event which caused that period to so end shall be deemed,
for the purposes of this Act, to have occurred after the end of that period.
(6A)
Where a notice under section 8(1) by an employee to his or her employer falls
within section 8(7)(a), then, subject to any agreement between the employee and the employer, any postponement
under this section of the commencement of parental leave must apply to both periods
of proposed parental leave the subject of the notice.]
(7) An employer shall retain a copy of a notice under this section given by him or her
to an employee of his or hers and the employee shall retain the notice.
(8) In this section, references to parental leave include references to a period of parental
leave specified in section 7(1)(b).
Annotations:
Amendments:
F17
Substituted and inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 7, commenced on enactment.
Editorial Notes:
E10
Previous affecting provision: application of Act restricted and modified in relatin
to certain parents (19.07.2000) by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000), reg. 7 (a) and (b) for period to 31 December 2001.
12
12.—(1) The entitlement to parental leave is subject to the condition that it is used to take
care of the child concerned.
(2) Where an employer has reasonable grounds for believing that an employee of his or
hers who is on parental leave is not using the leave for the purpose of taking care
of the child concerned, the employer may, by notice in writing given to the employee,
terminate the leave and the notice shall contain a statement in summary form of the
grounds for terminating the leave and shall specify the day (being a day not later
than the date of the end of the period of the leave specified in the confirmation
document concerned nor, subject to the foregoing requirement, earlier than 7 days
after the date of the receipt by the employee concerned of the notice).
(3) Where parental leave is terminated under subsection (2), the employee concerned shall return to his or her employment on the day specified
in the notice under that subsection concerned and any period between the date of such
return and the date of the end of the period of the leave specified in the confirmation
document concerned shall be deemed not to be parental leave.
(4) Where an employee gives his or her employer a notice under section 8(1) and the employer has reasonable grounds for believing that the employee is not entitled
to the parental leave concerned, the employer may, by notice in writing given to the
employee, refuse to grant the leave to the employee and, if the employer does so,
the employee shall not be entitled to take the parental leave concerned.
(5) A notice under subsection (4) shall contain a statement in summary form of the grounds for refusing to grant the
parental leave concerned.
(6) Where an employer proposes to give a notice under subsection (2) or (4) to an employee of his or hers, the employer shall, before giving the notice, give notice in writing of the proposal to the employee and the
notice shall contain a statement in summary form of the grounds for terminating, or,
as the case may be, refusing to grant, the parental leave concerned and a statement
that the employee may within 7 days of the receipt of the notice make representation
to the employer in relation to the proposal; and any such representations made by
an employee to an employer within the period aforesaid shall be considered by the
employer before he or she decides whether to give a notice under subsection (2), or as the case may be, subsection (4) to the employee.
(7) A person shall retain a notice under this section given to him or her and a copy of
a notice under this section given by him or her.
Leave on grounds of force majeure.
13
13.—(1) An employee shall be entitled to leave with pay from his or her employment, to be
known and referred to in this Act as “force majeure leave”, where, for urgent family reasons, owing to an injury to or the illness of a person
specified in subsection (2), the immediate presence of the employee at the place where the person is, whether
at his or her home or elsewhere, is indispensable.
(2) The persons referred to in subsection (1) are—
(a) a person of whom the employee is the parent or adoptive parent,
(b) the spouse of the employee or a person with whom the employee is living as husband
or wife,
(c) a person to whom the employee is in loco parentis,
(d) a brother or sister of the employee,
(e) a parent or grandparent of the employee, and
[(f)
a person other than one specified in any of paragraphs (a) to (e), who resides with the employee in a relationship of domestic dependency.]
[(2A)
For the purposes of subsection (2)(f)—
(a)
a person who resides with an employee is taken to be in a relationship of
domestic dependency with the employee if, in the event of injury or illness, one reasonably
relies on the other to make arrangements for the provision of care, and
(b)
the sexual orientation of the persons concerned is immaterial.
(2B)
Paragraph (b) of subsection (2A) is not to be taken to limit in any way the classes of persons
in respect of whom an employee is entitled to force majeure leave by virtue of subsection (2)(f).]
(3) When an employee takes force majeure leave, he or she shall, as soon as reasonably practicable thereafter, by notice in
the prescribed form given to his or her employer, confirm that he or she has taken
such leave and the notice shall specify the dates on which it was taken and contain
a statement of the facts entitling the employee to force majeure leave.
(4) Force majeure leave shall consist of one or more days on which, but for the leave, the employee
would be working in the employment concerned but shall not exceed 3 days in any period
of 12 consecutive months or 5 days in any period of 36 consecutive months.
(5) A day on which an employee is absent from work on force majeure leave in an employment for part only of the period during which he or she is required
to work in the employment on that day shall be deemed, for the purposes of subsection (4), to be one day of force majeure leave.
Annotations:
Amendments:
F18
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 8(a), commenced on enactment.
F19
Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 8(b), commenced on enactment.
PART III
Employment Rights
Protection of employment rights.
14
14.—(1) An employee shall, while on parental leave, be regarded for all purposes relating
to his or her employment (other than his or her right to remuneration or superannuation
benefits or any obligation to pay contributions in or in respect of the employment)
as still working in the employment and none of his or her other rights relating to
the employment shall be affected by the leave.
(2) Absence from employment while on parental leave shall not be treated as part of any
other leave from employment (including sick leave, annual leave, adoptive leave, maternity
leave and force majeure leave) to which the employee concerned is entitled.
(3) Where—
(a) an employee who is on probation in his or her employment or is undergoing training
in relation to that employment or is employed under a contract of apprenticeship takes
parental leave, and
(b) his or her employer considers that the employee's absence from employment while on
parental leave would not be consistent with the continuance of the probation, training
or apprenticeship,
the employer may require that the probation, training or apprenticeship be suspended
during the period of the parental leave and be completed by the employee at the end
of that period.
(4) An employee shall, while on force majeure leave, be regarded for all purposes relating to his or her employment as still working
in the employment concerned and none of his or her rights relating to the employment
shall be affected by the leave.
(5) Absence from employment while on force majeure leave shall not be treated as part of any other leave from the employment (including
sick leave, annual leave, adoptive leave, maternity leave and parental leave) to which
the employee concerned is entitled.
15
15.—(1) On the expiration of a period of parental leave (being, in a case where parental leave
has been terminated under section 12, the period specified in the confirmation document concerned) (“the period”), the employee concerned shall be entitled to return to work—
(a) with the employer with whom he or she was working immediately before the start of
the period or, where during the employee's absence from work there was or were a change
or changes of ownership of the undertaking in which he or she was employed immediately
before the absence, the owner on the expiration of the period (“the successor”),
(b) in the job that the employee held immediately before the commencement of the period,
and
[(c)
under the contract of employment under which the employee was employed immediately
before the commencement of the period or, where a change of ownership such as is referred
to in paragraph (a) has occurred, under a contract of employment with the successor that is identical
to the contract under which the employee was employed immediately before such commencement,
and (in either case) under terms or conditions—
(i)
not less favourable than those that would have been applicable to the employee,
and
(ii)
that incorporate any improvement to the terms or conditions of employment to
which the employee would have been entitled,
if he or she had not been so absent from work.]
(2) For the purposes of subsection (1)(b), where the job held by an employee immediately before the commencement of a period
of parental leave to which he or she is entitled was not the employee's normal or
usual job, he or she shall be entitled to return to work, either in his or her normal
or usual job or in that job as soon as is practicable without contravention by the
employee or the employer of any provision of a statute or provision made under statute.
(3) Where, because of an interruption or cessation of work at an employee's place of employment,
existing on the expiration of a period of parental leave taken by the employee, it
is unreasonable to expect the employee to return to work on such expiration, the employee
may return to work instead when work resumes at the place of employment after the
interruption or cessation, or as soon as reasonably practicable after such resumption.
Annotations:
Amendments:
F20
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 9, commenced on enactment.
[Right to request changes when returning from parental leave.
15A
15A. (1) An employee who exercises or proposes to exercise an entitlement under section
15 may request, in accordance with subsection (2), changes to his or her working hours
or patterns, or both, to apply for a set period of time following his or her return
to work.
(2) An employee who proposes to request changes referred to in subsection (1) shall,
as soon as reasonably practicable but not later than 6 weeks before the proposed commencement
of the set period concerned, give to his or her employer a request in writing signed
by the employee, which shall specify the nature of the changes requested and the date
of commencement and duration of the set period requested.
(3) An employer who receives a request made in accordance with subsection (2) shall
consider that request, having regard to his or her needs and the employees needs and,
as soon as reasonably practicable but not later than 4 weeks after such receipt, shall—
(a) inform the employee in writing that the request has been refused, or
(b) comply with subsection (4).
(4) An employer complies with this subsection where he or she and the employee concerned
prepare and sign an agreement setting out—
(a) the changes to the employees working hours or patterns, or both, as the case may
be, and
(b) the date of the commencement and duration of the set period,
as may be agreed between them.
(5) An employer shall retain the agreement referred to in subsection (4) and shall
give a copy of it to the employee concerned who shall retain it.
(6) Before the date on which an agreement referred to in subsection (4) is signed,
the employee may, by notice in writing signed by him or her and given to the employer,
revoke a request under subsection (2) given by him or her.]
Annotations:
Amendments:
F21
Inserted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 6, in effect as per reg. 1(2).
Right to alternative employment.
16
16.—(1) Where an employee is entitled to return to work pursuant to section 15 but it is not reasonably practicable for the employer to permit the employee to return
to work in accordance with that section, the employee shall be entitled to be offered
by his or her employer suitable alternative employment under a new contract of employment.
(2) Work under a new contract of employment constitutes suitable alternative work for
the purposes of this Act if—
(a) it is of a kind that is suitable in relation to the employee concerned and appropriate
for the employee to do in the [circumstances,]
[(b)
the terms or conditions of the contract—
(i)
relating to the place where the work under it is required to be done, the
capacity in which the employee concerned is to be employed and any other terms or
conditions of employment are not less favourable to the employee than those of his
or her contract of employment immediately before the start of the period of absence
from work while on parental leave, and
(ii)
incorporate any improvement to the terms or conditions of employment to which
the employee would have been entitled if he or she had not been so absent from work
during that period,
and
(c)
the continuity of service is preserved.]
Annotations:
Amendments:
F22
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 10, commenced on enactment.
F23
Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 10, commenced on enactment.
[Protection of employees from penalisation.
16A
16A.—
(1)
An employer shall not penalise an employee for proposing to exercise or having
exercised his or her entitlement to parental leave or force majeure leave [or to make a request under section 15A(2)].
(2)
Penalisation of an employee includes—
(a)
dismissal of the employee,
(b)
unfair treatment of the employee, including selection for redundancy, and
(c)
an unfavourable change in the conditions of employment of the employee.
(3)
If a penalisation of an employee, in contravention of subsection (1), constitutes
a dismissal of the employee, as referred to in subsection (2)(a), the employee may institute proceedings under the Unfair Dismissals Acts 1977 to
2005 in respect of that dismissal and such dismissal may not be referred to a rights
commissioner under Part IV.
(4)
An employee who is entitled to return to work in the employment concerned in
accordance with section 15 but is not permitted by his or her employer to do so—
(a)
shall be deemed to have been dismissed on the date on which he or she was
entitled to so return to work and the dismissal shall be deemed, for the purposes
of the Unfair Dismissals Acts 1977 to 2005, to have been an unfair dismissal unless,
having regard to all the circumstances, there were substantial grounds justifying
the dismissal, and
(b)
shall be deemed for the purposes of the Redundancy Payments Acts 1967 to 2003,
to have had his or her contract of employment with his or her employer terminated
on the date aforesaid.
]
Annotations:
Amendments:
F24
Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 11, commenced on enactment.
F25
Inserted (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 7, in effect as per reg. 1(2).
22A
22A.—
(1)
The Equality Authority may, or if requested to do so by the Minister shall,
prepare for submission to the Minister a draft code of practice for the purposes of
providing practical guidance as to the steps that may be taken for complying with
one or more provisions of this Act.
(2)
Before submitting a draft code of practice under subsection (1) to the Minister,
the Equality Authority shall consult such other Minister of the Government or other
person or body as the Equality Authority considers appropriate or as the Minister
may direct.
(3)
After a draft code of practice has been submitted under subsection (1), the
Minister may by order declare that the draft—
(a)
is an approved code of practice for the purposes of this Act, or
(b)
as amended by the Minister after consultation with the Equality Authority,
is an approved code of practice for the purposes of this Act,
and an order under this subsection shall set out the text of the approved code
of practice to which it relates.
(4)
In any proceedings under this Act before a court, the Employment Appeals Tribunal
or a rights commissioner, an approved code of practice shall be admissible in evidence
and, if any provision of the code appears to be relevant to any question arising in
the proceedings, it shall be taken into account in determining that question.
(5)
The Minister may, by order, after consultation with the Equality Authority,
revoke or amend an approved code of practice.
(6)
Every order made under subsection (3) or (5) shall be laid before each House
of the Oireachtas as soon as practicable after it is made and, if a resolution annulling
the order is passed by either such House within the next 21 days on which that House
has sat after the order is laid before it, the order shall be annulled accordingly,
but without prejudice to the validity of anything previously done thereunder.
(7)
In this section, ‘Equality Authority’ means the Equality Authority as construed in accordance with section 38(1) of the
Employment Equality Act 1998.]
Annotations:
Amendments:
F33
Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 12, commenced on enactment.
Modifications (not altering
text):
C3
Prospective affecting provision: functions transferred and Employment Appeals Tribunal
construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.
Transfer of functions from Employment Appeals Tribunal
66.(1) (a) All functions that, immediately before the dissolution day, were vested
in the Employment Appeals Tribunal are transferred to the Commission in so far as
they relate to any claim for redress, dispute or complaint determined by the Employment
Appeals Tribunal under an employment enactment before that day.
(b) All functions that, immediately before the dissolution day, were vested in the
Employment Appeals Tribunal are transferred to the Labour Court in so far as they
relate to appeals determined by the Employment Appeals Tribunal under an employment
enactment before that day.
(2) (a) References in any enactment or instrument under an enactment to the Employment
Appeals Tribunal in so far as they relate to a function transferred by paragraph (a)
of subsection (1) shall be construed as references to the Commission.
(b) References in any enactment or instrument under an enactment to the Employment
Appeals Tribunal in so far as they relate to a function transferred by paragraph (b)
of subsection (1) shall be construed as references to the Labour Court.
(3) This section shall come into operation on the dissolution day.
23
23.—(1) The giving of a notice or other document to a person for the purposes of proceedings
under this Act may be effected by delivering it to the person or by sending a copy
of it by registered prepaid post in an envelope addressed to the person at the person’s last known residence or place of business.
(2) In the case of a company to which the Companies Act, 1963, applies, such a document may be given by delivering it, or sending a copy of it
by registered prepaid post in an envelope addressed to the company at its registered
office.
(3) In the case of a body corporate to which subsection (2) does not apply or an unincorporated body of persons, such a document may be given
by sending a copy of it to the body at any place in the State where it carries on
business or in such other manner as an originating summons may be served on the body
under rules of court.
(4) A rights commissioner may, if he or she considers it reasonable to do so having regard
to all the circumstances, extend by a specified period (not exceeding 6 weeks) the
period of time within which a notice under this Act (other than section 19(2)) is required to be given.
(5) The Tribunal may, if it considers it reasonable to do so having regard to all the
circumstances, extend by a specified period the time within which a notice under section 19(2) is required to be given.
(6) Time may be extended under subsection (4) or (5) after the expiration of the period of time concerned.
Winding up and bankruptcy.
24
24.[…]
Annotations:
Amendments:
F34
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 11, S.I. No. 410 of 2015,subject to transitional
provisions in subs. (2).
25
25.—(1) The Redundancy Payments Act, 1967, is hereby amended by the substitution in paragraph 5(1) of Schedule 3 of the following
clause for clause (d) (inserted by the Maternity Protection Act, 1994):
“(d) a period during which the employee is absent from work while on protective leave,
natal care absence within the meaning of Part IV of the Maternity Protection Act, 1994, parental leave or force majeure leave.”.
(2) Section 6 of the Unfair Dismissals Act, 1977, is hereby amended—
(a) by the insertion in subsection (2), after paragraph (d), of the following paragraph:
“(dd) the exercise or proposed exercise by the employee of the right to parental leave or
force majeure leave under and in accordance with the Parental Leave Act, 1998,”,
and
(b) the insertion, after subsection (2A) (inserted by the Maternity Protection Act, 1994), of the following subsection:
“(2B) Sections 3 and 4 do not apply to a case falling within subsection (2)(dd) and, for the purpose of that paragraph, ‘employee’ includes a person who would otherwise be excluded from this Act by paragraph (a), (c), (f) or (g) of section 2(1).”.
(3) An employee who is entitled to return to work in the employment concerned in accordance
with section 15 but is not permitted by his or her employer to do so—
(a) shall be deemed to have been dismissed on the date on which he or she was entitled
to return to work as aforesaid and the dismissal shall be deemed, for the purposes
of the Unfair Dismissal Acts, 1977 to 1993, to have been an unfair dismissal unless,
having regard to all the circumstances, there were substantial grounds justifying
the dismissal,
(b) shall be deemed for the purposes of the Redundancy Payments Acts, 1967 to 1991, to
have been dismissed by reason of redundancy on the date aforesaid, and
(c) shall be deemed for the purposes of the Minimum Notice and Terms of Employment Acts,
1973 to 1991, to have had his or her contract of employment with his or her employer
terminated on the date aforesaid.
(4) The Organisation of Working Time Act, 1997, is hereby amended—
(a) in section 15, by the insertion in subsection (4), after paragraph (a), of the following paragraph:
“(aa) any period during which the employee was absent from work while on parental leave
or force majeure leave,”,
and
(b) in section 16, by the insertion in subsection (5), after paragraph (c), of the following paragraph:
“(cc) any period during which the employee was absent from work while on parental leave
or force majeure leave,”.
(5) The Employment Equality Act, 1998, is hereby amended by the insertion in section 39, after paragraph (b), of the following paragraph:
“(bb) to provide information to the public on the working of the Parental Leave Act, 1998,”.
Annotations:
Editorial Notes:
E12
The amendment to the Redundancy Payments Act 1967 in subs. (1) above was substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 26, commenced on enactment and substituted again (10.04.2005) by Redundancy Payments Act 2003 (14/2003), s. 12, S.I. No. 77 of 2005.
E13
The amendment to the Unfair Dismissals Act 1977 in subs. (2)(a) above was substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 27(2), commenced on enactment.
E14
The amendments to the Organisation of Working Time Act 1997 in subs. (4) above were substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 28, commenced on enactment.
26
26.—(1) Section 6 of the Protection of Employees (Employers' Insolvency) Act, 1984 (as amended by the Maternity Protection Act, 1994) shall be amended in accordance with this section.
(2) In subsection (2)(a)(v), for clause (II) there shall be substituted—
(3) In subsection (4)(c)—
(a) for subparagraph (iv) (other than clauses (I) and (II) thereof) there shall be substituted—
and
(b) for subparagraph (v) (other than clauses (I) and (II) thereof) there shall be substituted—
Annotations:
Editorial Notes:
E15
The amendments to the Employees (Employers’ Insolvency) Act 1984 above were substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 30, commenced on enactment.
27
27.—(1) An employer shall make a record of the parental leave and force majeure leave taken by his or her employees showing the period of employment of each employee
and the dates and times upon which each employee was on parental leave or force majeure leave.
(2) A record made under this section shall be retained by the employer concerned for a
period of 8 years and, if the Minister specifies the form of such records (which he
or she is hereby empowered to do), the record shall be in that form or a form to the
like effect.
(3) Notices, or copies of notices, required by this Act to be retained by a person shall
be retained by the person for a period of one year.
(4) An employer who contravenes subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding £1,500.
(5) […]
(6) Proceedings for an offence under this section may be brought and prosecuted by the
Minister.
Annotations:
Amendments:
F35
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 11, S.I. No. 410 of 2015, subject to transitional
provisions in subs. (2).
28
28.—The Minister shall, not earlier than 2 years and not later than 3 years after the
commencement of this Act, after consultation with persons whom he or she considers
to be representative of employers generally and persons whom he or she considers to
be representative of employees generally, conduct a review of the operation of this
Act and shall prepare a report in writing of the findings of the review and shall
cause copies of the report to be laid before each House of the Oireachtas.
