Parental leave

Information

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.

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). If a child was adopted between the age of 6 and 8, leave iin respect of that child may be taken up to 2 years after the date of the adoption order. 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

Parental leave is available for each child and amounts to a total of 14 working weeks per child. Where an employee has more than one child, parental leave is limited to 14 weeks in a 12-month period. This can be longer if the employer agrees. Parents of twins or triplets can take more than 14 weeks of parental leave in a year.

The 14 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 (14 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 contributions 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

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.