Parental Leave (Amendment) Act 2006
On the 18th May 2006 this Act was signed into law by the Minister for Justice, bringing into immediate effect significant improvements to the existing legislation governing parental leave.
The main features of the Act are as follows:
- The maximum age of eligibility of the child has been raised from 5 to 8 years - which can be extended where an adopted child is involved.
- The upper age for children with disability is increased to 16 years.
- Extensions may be allowed if illness or some other incapacity prevented the employee parent from taking parental leave within the normal period.
- Parental leave for each eligible child amounts to 14 weeks which is limited to 14 weeks per 12 month period where the employee has more than one child - unless otherwise agreed with the employer.
- The 14 week period of leave per eligible child can be taken in one continuous block or in seperate blocks of a minimum of 6 weeks. Employers can agree other more favourable terms with the employee.
- If an employee on parental leave falls sick - the period of leave is suspended - resuming once the employee has revcovered and for the period of the illness the employee is treated as one who is ill.
- Each parent has individual entitlements to parental leave. Where both work for the same employer one may transfer their entitlement to the other with the agreement of the employer.
- Employees on parental leave are not entitled to pay nor are they entitled to any social welfare payment that is equivalent to Maternity Benefit or Adoptive Benefit.
- Taking parental leave does not affect the employee's employment rights
For further information please contact:
Anthony Layng at alayng@kilroys.ie or Laurena Hughes at lhughes@kilroys.ie
© Kilroys Solicitors June 2006
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