There are various different procedures involved when you apply for carer’s leave and it is important to ensure that they are followed correctly.
1. Qualifying for carer’s leave
The qualifying requirements for carer’s leave are that:
2. Applying to DSP for a decision that the person needs full-time
care
If the person you intend to care for is over 16, their GP must
complete part of the application form for
Carer's Benefit (pdf). This is not necessary if the person is under 16 and
Domiciliary Care Allowance is being paid for them. Your employer must also fill
in part of this form giving your employment details. You should send the
completed application form to DSP, who will decide whether or not this person
requires full-time care and attention. DSP will also check if you are eligible
for Carer's
Benefit.
3. Working out the amount of carer’s leave
Under the Carer’s
Leave Act 2001 you are entitled to at least 13 weeks’ carer’s leave up
to a maximum of 104 weeks. You can apply to take it in one continuous period or
for a number of periods amounting to a total of 104 weeks. There must be a gap
of at least 6 weeks between the periods of carer’s leave.
If your employer agrees you can take a shorter period of leave. However, your employer can refuse (on reasonable grounds) to allow you to take carer's leave of less than 13 weeks and must give you the reasons for the refusal in writing.
4. Giving notice to your employer
You must give your employer at least 6 weeks’ notice of your
intention to take carer's leave. You should apply in writing saying when and
how you intend to take carer’s leave, whether it will be in one block or
separate periods. You should state that you have applied to DSP for a decision
on the person for whom you propose to care. You can find a sample form in our
document, Notice
of intention to take carer's leave. In emergency situations where it is not
practicable to give 6 weeks' notice, you should give notice as soon as it is
reasonably possible.
5. Confirmation of carer’s leave
If your application for carer’s leave is successful, you and your
employer must sign a document confirming this arrangement, at least 2 weeks
before you start carer’s leave. The document should state the start date, the
duration of your carer’s leave and specify how your leave will be taken. You
can find an example in our document, Carer's
leave confirmation document. Your employer keeps the signed document and
gives you a copy of it.
This document is flexible, which means that your arrangement to take carer's leave can be amended. Even if you have already started carer’s leave, your carer’s leave (or part of it) may be postponed or varied as to how it is taken, provided that you and your employer agree. You should both amend and sign the confirmation of carer’s leave agreement. Again, your employer should keep the amended agreement and give you a copy of it.
6. Income while on carer’s leave
You are not paid while you are on carer’s leave. You may be eligible
for Carer’s Benefit if you have enough PRSI contributions. If you do not
qualify for Carer's Benefit you may qualify for Carer's
Allowance, which is a means-tested payment.
You may do paid or voluntary work or attend a course while on carer’s leave
for up to 15 hours a week, subject to a weekly income limit set by DSP.
7. Maintaining your PRSI contributions while on carer’s leave
If you are getting Carer's Benefit you will get credited
social insurance contributions, known as credits. If you are on carer's
leave but do not get Carer's Benefit, you are still entitled to get credits.
You should get your employer to complete the application
form for carer's leave credits (pdf).
8. Returning to work
Four weeks before the date you will return to work, you must give
written notice to your employer that you intend to return to work. As regards
your employment conditions, generally you are treated as if you had been in
work during your period of carer’s leave except that you are not entitled to
pay. You are entitled to annual leave and public holidays only for the first 13
weeks of carer’s leave.
You are protected against being victimised for taking carer's leave or for proposing to take it.
9. Further information
You can find out more in our document on carer’s
leave. You can contact the National Employment Rights Authority for
information about carer’s leave.
For information about Carer's Benefit, contact your local social welfare office.