The Parental Leave (Amendment) Act 2019 comes into effect on September 1st, 2020.
All member states are required by the EU to meet minimum standards in relation to parental leave. In today’s working world it is difficult to balance work/life and this amendment will lead to job protection by ensuring statutory leave for parents. An increase in unpaid parental leave comes into effect on the first of September 2020.
What is unpaid Parental Leave?
Parental leave entitles a parent to take unpaid leave from employment in order to spend time looking after their children for a period of 26 weeks. This is an increase of four weeks on previous entitlements. The new act also increases the maximum age of the child for whom parental leave applies from 8 years to 12 years. Where a parent has more than one child, parental leave is limited to eighteen weeks in a twelve month period.
How do I Qualify for Parental Leave?
Certain criteria must be met in order to be eligible for parental leave. You must take the leave before the child’s twelfth birthday, or sixteenth birthday for a child with a disability or long term illness. You must give at least six weeks notice to your employer. Unless agreed by your employer, you must take the leave as set out in the legislation. If your employer agrees, you may separate your leave into continuous periods or short periods of days or even hours. You must have been working for your employer for at least one year in order to qualify for the full entitlement. There must also be a gap of ten weeks between each parental leave.
Who can take Parental Leave?
Both parents are entitled to an equal separate parental leave. You can take parental leave if you are a relevant parent which is defined in legislation as ‘a parent’, ‘the adoptive parent’ or ‘a person acting loco parentis’, ie. acting as a parent to a child.
Will I receive Pay on Parental Leave?
You are not entitled to any pay or superannuation from your employer while you are on parental leave.
What Happens to my Annual Leave Entitlement?
During parental leave you are regarded as still working in terms of accrual of annual leave and public holidays. This means that your annual holidays and public holidays can be taken as leave and added to your period of parental leave.
What Happens to my Social Insurance Contributions?
While you are taking parental leave you will be credited with PRSI contributions.
Can I return to my Old Job after Parental Leave?
After taking parental leave you are entitled to return to your job, unless it is not practicable for the employer to allow you to return to the same job. If you cannot return to the same job, your employer must offer you a suitable position on terms no less favourable than the previous employment.
What Happens if I Change Employment?
Providing your child is under the qualifying age, if you have used part of your parental leave allowance and changed job, you may take the remainder of leave with your new employment.
