by Breda O'Malley , Orla Canavan August-13-2024 in Employment Law
What is Parent’s Leave?
Parent’s Leave is an entitlement that allows parents to take leave from work within the first two years of their child’s life, or within two years of the placement of an adopted child within the family.
It was introduced by the Parent’s Leave and Benefit Act 2019 (the “Act”) and amended by the Family Leave and Miscellaneous Provisions Act 2021. The Act aims to let working parents spend more time with their child during the first two years of the child’s life, or placement.
What are the recent changes?
From the 1 August 2024, the entitlement to Parent’s Leave has increased from seven weeks to nine weeks of leave for employees who have a child under 2 years of age on 1 August 2024, or who have adopted a child within the last two years.
Who is entitled to Parent’s Leave?
In order to avail of this leave, an employee must:
- Be a “relevant parent” (as defined in the Act) – see below;
- Take the leave within 104 weeks (2 years) of the birth of the child or from the date the child is placed with the family; and
- Provide at least 6 weeks’ notice to their employer.
The term “relevant parent” is defined under the Act as the following:
- The parent(s) of the child;
- A spouse, civil partner or cohabitant of the child’s parent;
- A parent of a donor-conceived child (as provided for under section 5 of the Children and Family Relationships Act 2015);
- The adopting parent(s) of a child; and
- The civil partner or spouse of the child's adopting parent.
It is available to both parents of a child, separately and distinctly. It cannot ordinarily be transferred between parents/spouses or partners. If one parent dies, the surviving parent is entitled to use any untaken time from the deceased parent’s leave.
How can the Leave be taken?
Parent’s Leave can be taken in one continuous block, or in smaller separate bocks of not less than one week each.
Employer’s payment obligations
The employer is not obliged to make any payments to an employee who takes Parent’s Leave.
Where an employee is eligible for this Leave, and where they have sufficient PRSI contributions, they may receive Parent’s Benefit which is currently paid at €274 per week, from the Department of Social Protection. Although there is no financial obligation on the employer arising from this Leave, some employers may choose to ‘top-up’ the payment to the employee.
It is possible for an employee to qualify for Parent’s Leave and not qualify for Parent’s Benefit, which would render the period spent on Parent’s Leave unpaid.
Can an employer refuse to allow the leave?
Employers cannot refuse Parent’s Leave to an employee who is entitled to it, although the employer can postpone the use of the Parent’s Leave.
Postponement of the Leave
Employers are permitted to postpone the leave once only, for a maximum of 12 weeks.
Employers must give written notice where they are postponing a leave period which must be provided at least 4 weeks before the date the leave was due to commence and must state reasons for the postponement.
The following valid reasons for postponement are provided for under the Act:
- seasonal variations in the volume of work concerned;
- the unavailability of a person to carry out the duties of the employee in the employment during the period of the leave;
- the number of employees who are also availing of Parent’s Leave at the relevant time;
- any other relevant matters.
The new start date following a postponement must be agreed between the employer and the employee.
Impact of postponement
If an employer’s postponement results in the two-year eligibility period expiring the eligibility period can be extended for up to a maximum of 12 weeks. This can only be done where the employer has rejected the original leave dates.
Breaches of employee’s entitlement to Parent’s Leave
An employee can bring a complaint to the Workplace Relations Commission (“WRC”) in respect of an entitlement they have under Part 2 or Part 3 of the Act.
Where such a complaint is successful in the WRC, an Adjudication Officer may give a direction that the employee be granted the Parent’s Leave requested. Additionally, or in the alternative, the Adjudication Officer may award compensation up to a maximum amount equivalent to the employee’s remuneration for the number of weeks of Parent’s Leave the employee is entitled to take under the Act.
There is a six-month time limit for the raising of such complaints. This may be extended in limited circumstances.
There are further protections under the Unfair Dismissals Acts, for employees who avail of, or propose to avail of, Parent’s Leave. An employer should be mindful of this, if the dismissal of such an employee is being contemplated.
Takeaway for employers
The entitlements relating to Parent’s Leave have been amended and increased a number of times since the Act was introduced in 2019. It is recommended that employers take care to ensure their policies are fully up to date and that they are aware of their obligations under the Act.
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About the Authors
Breda O'Malley
Breda practises in both Employment and Commercial Law and is Partner and Head of the Employment Law team at Hayes solicitors. Breda has trained and qualified as a mediator with the UK based, internationally renowned Centre for Effective Dispute Resolution (CEDR). Breda practices as a mediator of commercial, employment, boardroom, charity trustee and shareholder disputes.
Orla Canavan
Orla is a solicitor in the Employment Law team at Hayes solicitors LLP. Since qualification in 2020, Orla has advised employer and employee clients across a diverse range of contentious and non-contentious matters. Orla has a particular interest in the area of employment equality. She also has experience acting in the defence of High Court claims.