First published: February 17th, 2022
As of November 2019, employees are entitled to paid Parent’s Leave. This is an entitlement for parents of very young children.
The government aims to introduce an incremental increase of up to seven weeks’ paid leave for parents of newborn children.
It was confirmed in Budget 2022 that Parent’s Leave will be increased to seven weeks for parents of children under two years of age.
Parents Leave entitlement
Parent’s Leave entitles each parent to five weeks’ leave during the first two years of a child’s life. Or in the case of adoption, within two years of the placement of the child with the family.
Each parent is entitled to five weeks paid Parent’s Leave for a child born or adopted on or after November 1st, 2019. The leave period remains the same in the case of multiple births, e.g., the birth of twins or the adoption of two or more children at the same time.
When paid Parent’s Leave laws were introduced in 2019, parents received a right to paid leave from work during the first year of a child’s life.
The main rights under Parent’s Leave in Ireland include:
- A period of paid Parent’s Leave; currently five weeks, rising to seven weeks in August 2022.
- Parent’s Leave is non-transferable. Each parent must use their own allocation and only their own allocation.
- Parent’s Leave must be taken within the first two years of a infant’s life.
Who is eligible?
Relevant parents can take Parent’s Leave for eligible children. A relevant parent is one of the following:
- A parent of the child.
- A spouse, civil partner, or cohabitant of the parent of the child.
- A parent of a donor-conceived child as provided for under Section 5 of the Children and Family Relationships Act 2015.
- The adopting parent or parents of a child.
- The spouse, civil partner, or spouse of the adopting parent of the child (if the parents have not adopted jointly).
They can be employees that are full-time, part-time, or fixed-term.
How can Parent’s Leave be taken in Ireland?
Parent’s Leave in Ireland can be taken as:
- One continuous period of five-weeks leave, or
- Separate periods of not less than one week.
Parent’s Leave cannot be transferred between parents except in specified circumstances such as the death of one of the parents.
Can Parent’s Leave be refused in Ireland?
An employer can only refuse a request for Parent’s Leave if an employee is not entitled to take it.
Employee child’s age range
Parent’s Leave is specifically for parents during the child’s first two years.
How to apply for Parent’s Leave in Ireland
Employees must give six weeks’ notice, in writing, of their intention to apply for Parent’s Leave. The notice must include the following details:
- The date on which the employee intends to begin the leave.
- The length of time that the employee plans to be off.
- The manner in which the employee proposes to take the leave.
- The employee’s signature.
As the employer, you can waive this notice requirement.
You are also entitled to request the employee to provide proof of parentage (in other words, a birth certificate or adoption order).
Transferring options
Both parents have an equal separate entitlement to Parent’s Leave. They cannot transfer their entitlement to their partner.
Where one parent dies, the surviving parent is entitled to leave for the amount of leave the deceased parent did not take from their five-week entitlement (this is known as transferred Parent’s Leave).
Employer postponement
An employer can only refuse Parent’s Leave if an employee is not entitled to it.
You can postpone Parent’s Leave for up to 12 weeks for any of the following reasons:
- Seasonal variations in the volume of work
- No replacement to carry out work
- The nature of the duties
- The number of other employees also taking Parent’s Leave
- Any other relevant matters
Family-friendly work environments
With employment law constantly changing, it’s important that you know your rights as an employer ─ and the rights of your employees. This is certainly true when it comes to family-friendly working arrangements.
That’s why is crucial to put effective policies in place and to ensure that they’re clearly communicated to your employees.
To speak with one of our HR consultants about putting bespoke employment policies in place for your business, call 0818 923 923.
