Statutory Family Leave and Workplace Supports for Carers
A comprehensive framework of statutory supports exists for parents and carers in the workplace, including various family leaves, employment protections and the formal right to request flexible working. These legislative supports have evolved significantly following the implementation of the Work Life Balance and Miscellaneous Provisions Act 2023. This article examines the core statutory family leaves and workplace supports available to employees navigating caring and parenting responsibilities.
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Maternity Leave
The Maternity Protection Acts provide a number of basic rights to employees in respect of maternity leave and maternity related issues. Such rights include maternity and additional maternity leave, ante-natal classes and natal appointments, breast-feeding break entitlements, and the right to return to the same job or suitable alternative following a period of leave under the Act. The Acts provide for 26 weeks maternity leave (employees may qualify for an associated state benefit) along with a further 16 weeks additional unpaid maternity leave (there is no state benefit associated with the additional maternity leave). For further information on maternity leave, see here.
Paternity Leave
The Paternity Leave and Benefits Act provide 2 weeks of paternity leave, to enable a ‘relevant parent’ to provide or assist in the provision of care to the child or to provide support to the adopting parent or mother of the child. The leave must commence up to 26 weeks after the birth or placement of a child. Employees may qualify for Paternity Benefit from the state. For further information on paternity leave, see here.
Adoptive Leave
The Adoptive Leave Acts provide a number of basic rights to employees in respect of adoptive leave and adoption related issues. Employees are entitled to time off, without loss of pay, to attend pre-adoption classes and preparation meetings, which they are required to attend as part of the adoption process. Qualifying adopters are entitled to 24 weeks adoptive leave, beginning on the day of placement, subject to eligibility and notice requirements, (employees may qualify for an associated state benefit), and an additional period of up to 16 weeks may be taken immediately following the adoptive leave period (there is no state benefit associated with the additional maternity leave). In the case of a foreign adoption, some or all of the 16 weeks additional leave may be taken before the date of placement, for the purpose of familiarisation with the child or for the purpose of arranging the placement. Qualifying adopters will be the individual chosen by the couple to be the qualifying adopter for the purposes of the legislation or an individual who is a qualifying adopter on their own. For further information on adoptive leave, see here.
Parent’s Leave
The Parent’s Leave and Benefits Acts enable a “relevant parent” to take 9 weeks parent’s leave, which must be taken within 104 weeks of the birth/adoption of a child, subject to eligibility and notification criteria being met. Parent’s leave may be taken in a nine-week period or in separate periods of no less than one week. Employees may qualify for an associated state benefit for the duration of parents leave. An employer may postpone the leave for up to 12 weeks in limited circumstances. For further information on parent’s leave, see here.
Parental Leave
The Parental Leave Acts 1998 to 2019 enable a relevant person to avail of 26 weeks’ unpaid leave from employment (there is no associated state benefit). The leave must be taken before the child reaches twelve years of age, except in certain circumstances in the case of an adopted child. In the case of a child with a disability, the age limit is 16 years. Parental leave may be taken as a continuous block of 26 weeks, or two blocks of six or more weeks with a minimum of 10 weeks between each block, however, by agreement with the employer, the leave may be broken up over a period of time into individual weeks, days or hours. One year’s continuous service is required with the organisation to avail of the leave, however, there are limited circumstances in which this may be waived. An employer may postpone the leave for up to 6 months in limited circumstances. For further information on parental leave, see here.
Force Majeure Leave
Force majeure leave refers to a sudden injury or illness affecting a member of an employee’s immediate family, making that employee’s presence to assist the family member or domestic dependant indispensable. In these circumstances, employees are entitled to immediate paid leave for that purpose for up to three days in any 12-month period and up to five days in any 36-month period. There is no service requirement for an employee to take force majeure leave and, by definition, prior notice generally does not arise. However, an employee who has availed of the entitlement must immediately afterwards give written notice to the employer. For further information on force majeure leave, see here.
Carer’s Leave
The Carer’s leave Act provides for carer’s leave of up to 104 weeks for employees, in order to provide full-time care and attention to a person requiring it (a relevant person). A care recipient will be considered to be a “relevant person” if they need continual supervision and frequent assistance throughout the day in connection with normal bodily functions or they need continual supervision in order to avoid danger to themself. Carer’s leave is subject to the approval of the Department of Social Protection and there is an associated state benefit that an employee may qualify for. 12 months’ continuous service with the employer is required to avail of the leave. For further information on carer’s leave, see here.
Leave for Medical Care Purposes
Introduced under the Work Life Balance and Miscellaneous Provisions Act 2023, leave for medical care purposes is a short-term unpaid leave that employees can avail of for the purposes of providing personal care or support to certain specified persons. An employee is entitled to 5 days leave in any period of 12 consecutive months. There is no minimum service requirement for the leave and due to its nature, it may not be possible to apply for the leave in advance. When an employee takes or intends to take the leave, they are required to inform the organisation as soon as possible, and a confirmation document must be completed. For further information on leave for medical care purposes, see here.
Right to request remote working and right to request flexible working
The Work Life Balance and Miscellaneous Provisions Act 2023 provides all employees with a right to request remote work and there is a right for employees with children, and those with caring responsibilities to request flexible working arrangements. While an employee can request flexible working and/or remote working from the first day of employment, the employee must complete a minimum of 6 months continuous employment with the employer before an approved arrangement can commence. An employee must submit their request for flexible working to the employer as soon as is reasonably practicable, but no later than 8 weeks before the proposed start date. Once an employer receives a flexible working request or a remote working request, the employer must respond as soon as is reasonably practicable, but no later than 4 weeks after receiving the request. If an employer experiences difficulties in assessing the viability of the request, the 4-week period can be extended for a further period but not exceeding 8 weeks. In respect of a flexible working request, an employer must consider the request, considering its own needs (i.e. the needs of the business) and the employee’s needs (i.e. the reasons why the employee is requesting flexible working). Access FAQs on the Code of Practice for the Right to Request Flexible Working and Remote Working here.
We have various employer resources available to members on the ER Hub providing guidance on supporting parents and carers in the workplace. I have linked relevant information throughout the article and dedicated resources below.
By Laura-Jayne Emmo, Employer Relations Executive, Ibec
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