Parents Leave coming into operation on 1st November 2019
The Parent’s Leave and Benefit Act 2019 was signed into law on 24 October 2019
• The Act provides for 2 weeks leave and social welfare benefit for each parent in first year of child’s life
• The measure is coming into place for children born or adopted from 1 November 2019
• The benefit will be paid at the same rate as Maternity and Paternity benefits
• Support is available to employees and the self-employed
Who is entitled to parent’s leave?
The Act enables a “relevant parent” to take two weeks parent’s leave which must be taken within 52 weeks of the birth/adoption of a child. Subject to eligibility and notification criteria being met, parent’s leave will apply to births/placements that take place on or after the 1 November 2019. During parent’s leave, employees who have the necessary PRSI contributions are entitled to parent’s benefit from the Department of Employment Affairs and Social Protection.
Under the Act, a “relevant parent” includes:
• a parent of the child
• the spouse, civil partner or cohabitant of a parent of the child
• a parent of the child where the child is a donor-conceived child
• the adopting mother or sole male adopter of the child
• the spouse, civil partner or cohabitant of the adopting mother or sole male adopter of the child
• each individual in the couple where the child is, or is to be, adopted jointly by a married couple of the same sex or a couple that are civil partners of each other, or a cohabiting couple of the same sex
In certain circumstances, this may give rise to an entitlement to parent’s leave on the part of up to four individuals in respect of a single child.
• Note: broader definition of parent for the purposes of this legislation which may include step-parents.
• Paid parent’s leave must be taken after birth or placement for adoption and must be taken within 52 weeks of birth or placement.
• An employee’s notice to their employer must be given not later than 6 weeks before the intended commencement of the parent’s leave and must indicate the expected date of commencement and duration of the parent’s leave.
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