Unpaid leave for childcare to be increased

Parents will be able to take time off to care for their children over a longer period, under new Government legislation published…

Parents will be able to take time off to care for their children over a longer period, under new Government legislation published yesterday.

Parents working outside the home will be able to avail of unpaid leave of 14 weeks for children aged up to eight years. In the case of parents with a disabled child, parental leave will apply for children up to 16.

This parental leave may be taken in separate blocks of a minimum of six continuous weeks, or more favourable terms in agreement with an employer. Under existing laws parental leave has to be taken in one single block.

The new provisions are aimed at increasing the take-up of parental leave among employees, which is low in Ireland compared to other EU member-states.

READ MORE

The provisions are due to come into force next summer, when the legislation is scheduled to be enacted.

However, a Department of Justice spokeswoman said there would be "transitional provisions" for parents of children between the ages of five and eight to benefit from the new parental leave legislation.

Leave will also be extended to guardians, or people acting in loco parentis in respect of an eligible child.

An employee who falls ill while on parental leave, and as a result is unable to care for the child, may suspend parental leave for the duration of the illness. The parent would then be able to resume the period of leave.

Statutory codes of practice for the manner in which parental leave and emergency, or force majeure, leave may be taken are also to be drawn up. These codes of practice will state the provision under which an employer may terminate parental leave.

The legislation published yesterday amends the Parental Leave Act, 1998. The new measures were recommended by a working group on the review and improvement of the Act. This group included representatives of unions and employers.

The Minister of State at the Department of Justice, Equality and Law Reform, Mr Frank Fahey, said it showed the Government's commitment to making the workplace more flexible for parents.

"The Bill will enhance the entitlement of employees to take time off to care for their children by allowing the leave to be taken in a broken format and over a longer period of time," he said.

"The Bill also represents a very progressive response to the changing face of family life in modern Ireland by extending the parental leave entitlement to persons in loco parentis. This is in recognition of the fact that many children in our society are actively cared for by persons who are not their natural parents."

The legislation also provides an entitlement to limited paid emergency, or force majeure, leave for urgent family reasons.

These reasons include the injury or illness of an immediate family member in circumstances where the presence of the employee, at the place where the family member is ill or injured, is indispensable.

The employee may not be absent for such leave for more than three days in any period of 12 consecutive months, or five days in any period of 36 consecutive months.

During an absence on emergency leave, an employee is regarded as being in the employment of the employer, and retains all employment rights.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent