New Changes in Parental Leave
By Caroline Browne, Partner
The Parental Leave Act 1998, as amended by 2006 (Amendment) Act, provides that mothers and fathers can take unpaid parental leave from employment to look after their young children. Importantly it provides that both parents have an equal and separate right to parental leave. With parental leave an employee keeps all of his or her employment rights such as an employee is entitled to their annual leave and any public holidays that occur during their parental leave.
New Changes
Recently on the 8th March 2013 the European Union (Parental Leave) Regulations 2013 brought significant changes to parent leave:
- The amount of parental leave has increased from 14 to 18 weeks.
- If the child concerned has a disability or long term illness, the leave must be taken before the child reaches 16 years of age or ceases to have that disability or any other disability (whichever occurs first). Previously parental leave in the case of a disability or long term illness had to be taken before child reaches 8 years of age.
- A parent on returning to work from parental leave, can ask for a change in his / her working hours. It should be noted that employers are not required to grant this request, they must however consider it.
- As set out above each parent has a separate entitlement to parental leave in respect of a child and there is no general right to transfer parental leave from one parent to another. But where both parents are employed by the same employer, either parent is entitled, subject to the consent of the employer, to transfer all or any part of his or her parental leave to the other parent. The new Regulations have limited the right to transfer parental leave to 14 of the 18 working weeks.
Who is entitled to receive Parental Leave?
The following are entitled to receive parental leave:
- Parents with children under the age of 8 years old.
- Parents of a child with a long term illness or disability, the leave must be taken before the child reaches 16 years of age or ceases to have that disability or any other disability (whichever occurs first).
- People acting in place of the parents such as a guardian.
Parental leave is to be used only to take care of the child concerned. Parental leave taken and used for any other purpose can be cancelled by the employer.
How parental leave can be taken?
The leave may be taken as a continuous block of 18 weeks, or, if the employer agrees, broken up over a period of time such individual weeks, days or hours.
How do I apply for the relief?
An employee must give written notice to the employer of your intention to take the leave, not later than six weeks before the leave is due to start. This notice period can be waived by the employer.
The notice includes the following details:
• the date on which the employee leave will begin;
• the length of parental leave being taken;
• the employee’s signature.
An employer can postpone the leave for up to 6 months. Grounds for such a postponement includes lack of cover, other employees on parental leave. It is normal that only one postponement is allowed. An employee must have at least one year’s continuous service with the employer before he/she is entitled to take parental leave. An except to this is if a child is nearly 8 (or 16 if the child has a long term illness/disability) and the employee has more than three months’ service with the employer, they will be entitled to pro rata parental leave.
Parents who take parental leave may get a PRSI credit for each week taken.
