Earlier this month, the Social Democrats backed Parental Leave (Amendment) Bill 2017 (the Bill) passed all stages in the Dáil. The key change to existing parental leave entitlement is a proposed increase of two months of unpaid parental leave (up to 26 weeks from the existing maximum of 18 weeks).
The Bill also proposes allowing parental leave to be taken at any time during the lifetime of a child up to the age of 12. This is a significant increase of 4 years from the existing qualifying age of 8 years. The Bill will now go to the Seanad where the Social Democrats are hopeful it will be passed into law within a number of months.
Status quo
Under the Parental Leave Act, 1998 (as amended by the Parental Leave (Amendment) Act 2006) (the Act) each parent is entitled to 18 weeks of unpaid parental leave. Parental leave must be taken before the child is 8 years of age or 16 years of age in the case of children with disabilities or a long-term illness. Parental leave is non-transferable between parents, except where both parents work for the same employer and the employer agrees to the proposed transfer of leave.
The Act also provides for paid force majeure leave in limited circumstances to enable employees to deal with family emergencies resulting from injury or illness of a family member. Force majeure leave is restricted to 3 days in any 12 consecutive month period or 5 days in any 36 consecutive month period.
Employees must have at least one year's continuous service with the employer to qualify for the entitlement to take parental leave. An exception to the qualifying conditions exists where the child is nearing 8 years of age (or 16 years of age in the case of a child with a disability). If the parent of a child reaching the maximum qualifying age has more than 3 months’, but less than one year's service with the employer, the parent will be entitled to pro rata parental leave.
Work-life balance benefits
The new legislation aims to give greater flexibility to working families by giving parents the chance to spend more time caring for their children if it makes economic sense to do so. Provided the Bill passes through the Seanad as currently drafted, the proposed legislation should help working families achieve better work-life balance during their children’s early years.
Impact on employers
While employees are likely to welcome the proposed measures under the Bill, employers will need to assess workforce planning contingencies as employees take up their new entitlements to longer periods of parental leave.
If you have any queries regarding parental leave, or to learn more about family-friendly employment law benefits please call our 24-hour advice line anytime on 0818 923 923
