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- Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Key Considerations for Annual Leave and Public Holidays before year end. Read more >>>
- Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
- What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>
New Parent’s Leave and Benefit Act 2019
The Minister for Justice and Equality and the Minister for Employment Affairs and Social Protection published the Parent’s Leave and Benefit Act 2019 in October 2019. This element of legislation on Parent Leave came into effect today 1st November 2019.
This legislation will provide for:
- Up to 2 weeks' paid parent leave for “relevant” parents. The paid parent leave must be taken in a two-week block or in two one-week blocks within the first year of the child's birth or adoption. It is not transferable between parents.
- Paid parent leave can be taken in addition to existing Maternity Leave, Adoptive Leave, Paternity Leave and Parental Leave rights, as applicable to each "relevant" parent. A relevant parent includes a parent or spouse or civil partner or cohabitant of a parent of the child. Parent's Leave can be taken after the expiry of Maternity Leave, Adoptive Leave or Paternity Leave. Parent's Leave is both continuous and reckonable service when calculating redundancy entitlements.
- Parent's Benefit is payable to eligible parents during the paid parental leave and it is expected to be in the region of €245 per week subject to the recipient meeting social security contribution conditions. Self-employed workers may also qualify for Parent's Benefit.
- Employers are not required to top up Parent Benefit, though some Employers may do so in line with their existing policies regarding the top up of Maternity, Adoptive and Paternity pay.
- A parent is eligible to take Parent's Leave in respect of a child born or adopted no earlier than 1st November 2019. The Employee must give six weeks' notice in writing of the proposed Parent's Leave;
- The Employer may, in limited circumstances, postpone Parent's Leave 4 weeks before the proposed start date. The postponed Parent's Leave must be granted within 12 weeks of the original date;
- The Employee has a right to return to work after Parent's Leave on the same terms and conditions as before;
- The Employee is protected from penalisation connected to taking Parent's Leave.
- The WRC can order the granting of the Parent's Leave and / or compensation of up to 2 weeks' remuneration where there is a breach of the legislation.