The Parental Leave regulations, which came into effect on 8 March 2013, extend parental leave from 14 weeks to 18 weeks. The regulations also provide that parents returning to work after parental leave may request a change in their working hours and/or working patterns. Employers are required to consider such a request. However, they are not required to grant it. Employers should have regard to the Labour Relation Commission Code of Practice on Access to Part-Time Working when considering this request.
Statutory leave entitlements vary in duration and whether the employer is required to pay the employee his/her salary while on leave. This can cause confusion for employers and employees. Employers should review their policies to ensure that employees’ leave entitlements are adequately reflected. This is particularly important for employers who have employees in a number of jurisdictions as leave entitlements vary from country to country.
Below is a summary of the main leave entitlements in Ireland.
| Leave |
Duration |
Employee Paid/Unpaid while on Leave | |
| Adoptive Leave | 24 weeks’ ordinary adoptive leave.
16 weeks’ additional adoptive leave. |
Employer is not required by law to pay the employee his/her salary while on leave.
Employee may receive up to 24 weeks’ Adoptive Benefit from the State. |
|
| Annual Leave | Depends on hours worked in the holiday year. Maximum statutory annual leave is four working weeks. | Employer is required by law to pay the employee his/her salary while on leave. | |
| Carer’s Leave | Minimum period is 13 weeks.
Maximum period is 104 weeks. (Employee must have one year’s continuous service to be eligible for this entitlement.) |
Employer is not required by law to pay the employee his/her salary while on leave.
Employee may be entitled to Carer’s Allowance or Carer’s Benefit from the State. |
|
| Compassionate Leave | At the discretion of the employer. Not required by law to provide compassionate leave. | At the discretion of the employer. No benefit received from the State. | |
| Force Majeure Leave | The maximum amount of leave is three days in any 12-month period or five days in a 36-month period. | Employer is required by law to pay the employee his/her salary while on leave. | |
| Maternity Leave | 26 weeks’ ordinary maternity leave.
16 weeks’ additional maternity leave. |
Employer is not required by law to pay the employee her salary while on leave.
Employee may receive up to 26 weeks’ Maternity Benefit from the State. |
|
| Parental Leave | Employee is entitled to 18 weeks’ parental leave per child. Employee must take this leave before the child turns eight years of age.
This is extended to 10 years of age, in certain circumstances, where the child is adopted. This is also extended to sixteen years of age where the child has a disability or a long term illness. |
Employer is not required by law to pay the employee his/her salary while on leave.
The employee is not entitled to receive any benefit from the State. |
|
| Paternity Leave | At the discretion of the employer. Not required by law to provide paternity leave. | At the discretion of the employer. No benefit received from the State. |
|
| Sick Leave | No restriction on duration. | Employer is not required by law to pay the employee his/her salary while on leave.
Employee may receive Illness Benefit or Disability Benefit from the State. |
Contributed by Alicia Compton and Ciara Ruane.
