Family Responsibilities
Paternity Leave
Paternity leave is not provided for in Irish legislation. Employers have no obligation to provide paid or unpaid leave to new father following the birth of a child. A worker may be able to take his annual leave at the time of birth of his child but this is at the discretion of the employer to decide the timing of the leave. The employees in the civil service, however, do get paternity leave of 3 days in respect of children born or adopted on or after 1 January 2000.
The Paternity Leave and Benefit Act 2016 introduces a statutory paternity leave of 2 weeks together with a new Paternity Benefit. When enacted, the legislation will allow new fathers to start the combined package of paternity leave and Paternity Benefit at any time within the first 6 months following birth or adoption of a child. The provisions are applicable to births and adoptions after 01 September 2016.
Workers are entitled to return to work and to the same job with the same contract of employment. if it is not possible for the employer to allow a worker to return to his job, employer must provide the worker with suitable alternative work. This new position should not be less favourable when compared with the previous job. Law also protects workers against penalization and unfair dismissal for claiming their rights under legislation.
Paternity benefit Under the 2023 amendment of Social Welfare Act of the 2022 is €274.
Source: §6 of the Social Welfare Act 2017; §6, 7 of the Social Welfare (Miscellaneous Provisions) Act 2023; www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/paternity_leave.html; Paternity Leave & Benefit Act 2016
Parental Leave
After one year of continuous employment with the employer an employee who is the natural, the adoptive parent or any person acting in loco parentis with respect to an eligible child is entitled to unpaid leave of twenty two weeks each for both parents from his or her employment to take care of the child (Before 08 March 2013, the provision was only 14 weeks; it changed to 18 leave and then was changed to 22 weeks in September 2019). Fourteen of those 18 weeks are transferable between parents working for the same employer, provided the employer agrees. Employees returning from parental leave are entitled to request changes to their working hours or patterns. Employers who receive such requests are required to consider them, having regard to their own needs and those of the employee, but are not under obligation to grant them.
The parental leave must be taken before a child reaches the age of 12 years. If a child is adopted and his/her age is less than 06 years at the time of adoption, this leave must be taken before the child reaches 08 years of age. However, if the child is aged between 10 years and 12, this leave must be taken within 2 years of the adoption order. If a child has disability or long-term illness, the parental leave must be taken before the child reaches 16 years of age. Since September 2020, 26 weeks' parental leave can be taken by an employee for each eligible child.
Under 2019 Budget, the Government has announced two weeks paid parent's leave (paid by the state) for both parents while the child is still under one year. The measure will be effective from November 2019. The government plans to raise it to 7 weeks over time. This leave is over and above maternity, adoptive, paternity and unpaid parental leave entitlements.
From 1 July 2022, Parent’s Leave increased from 5 weeks to 7 weeks for children born or adopted after 1st July 2022.
Parents are entitled to take parental leave up to the age of 16 years, If the child is suffering from illness and disability.
Under 2023 amendments, the standard weekly parental benefit is € 274 and is paid by the state.
The Family Leave and Miscellaneous Provisions Act, 2021 entitles working parents to an additional three weeks of paid Parent’s Leave for each parent, and extends the period in which the leave can be taken to the first two years after the birth or adoptive placement of a child. The total length of parental leave is now five weeks. These changes are effective from April 2021. The leave can also be taken by same sex parents.
Under the Work-Life Balance and Miscellaneous Provisions Act 2023, employees have the right to take unpaid leave, referred to as medical care leave, to provide personal care or support to a child (including adopted) with a serious medical condition. This entitlement allows an employee to take up to 5 days of unpaid leave within any 12 consecutive months, with the provision that the leave is not to be taken for a period of less than one day.
Source: § 5 of the Social Welfare Act 2017; §6-9, 13A of the Parental Leave Act 1998, amended in 2006; § 8 of the Work-Life Balance and Miscellaneous Provisions Act 2023; www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/parental_leave.html; http://www.irishstatutebook.ie/2013/en/si/0081.html(S.I. No. 81/2013 - European Union (Parental Leave) Regulations 2013
Flexible Work Option for Parents / Work-Life Balance
There is no specific provision of flexible working time for employee with minor children however persons entitled to parental leave have the right to work part-time, provided that an agreement between the employer or representatives of the employer and other employers and the employee or representatives of the employee and other employees has been reached.
This new leave, yet to be implemented, applies to employees who are parents or providing care to individuals recognized by the Work-life balance Bill. Eligible relationships include children, spouses, civil partners, cohabitants, parents, grandparents, siblings, and those residing in the same household. The leave is for significant care or support due to a serious medical condition and the employee must have completed 6 months of continuous employment. To request flexible working for childcare, the child must be under 12 years (or 16 if disabled or suffering from a long-term illness).
Request for flexible working must be in writing, signed by the employee, and include details such as the requested arrangement, start date, and duration. It should be submitted to the employer as soon as possible, but no later than 8 weeks before the proposed start date.
Source: §7, 13B of the Parental Leave Act 1998 amended
Regulations on Family Responsibilities
- Parental Leave Act, Act No. 30, dated 8 July 1998, last amended dated 18 May 2006
