Parent's Leave and Benefit Act 2019
|
PART 2 Parent’s Leave | ||
|
Entitlement to parent’s leave | ||
|
5. (1) Subject to this Part, an employee who is a relevant parent in relation to a child shall be entitled to leave from his or her employment for a period of 2 weeks, to be known (and referred to in this Act) as “parent’s leave”, to enable him or her to provide, or assist in the provision of, care to the child. | ||
(2) Other than where section 14 applies, the period of leave referred to in subsection (1) may comprise— | ||
(a) a continuous period, or | ||
(b) periods each consisting of not less than one week. | ||
(3) A person who is a relevant parent in more than one capacity in respect of a child shall not be entitled to parent’s leave in more than one such capacity in respect of the child. | ||
(4) Subject to section 16 , where 2 or more relevant parents in relation to a child are entitled to parent’s leave in respect of the child, none of the parents shall be entitled— | ||
(a) to the parent’s leave of any other parent in respect of the child, or | ||
(b) to transfer any part of the period of his or her parent’s leave to any other parent in respect of the child. | ||
(5) Where the birth of a child is part of a multiple birth or a person adopts 2 or more children at the same time, a person who is a relevant parent in relation to the children concerned shall not, in respect of such children, be entitled to a period of parent’s leave that exceeds the period mentioned in subsection (1). | ||
(6) Subsection (1) applies— | ||
(a) in the case of a child who is, or is to be, adopted where the day of placement in respect of the child falls on or after 1 November 2019, or | ||
(b) in any other case, where the date of confinement in respect of the child falls on or after 1 November 2019. | ||
(7) Subject to subsections (8) to (10), the Minister may by order, made with the consent of the Minister for Employment Affairs and Social Protection and the consent of the Minister for Public Expenditure and Reform, amend subsection (1) and section 16 (1) so as to extend the period mentioned in each of those subsections. | ||
(8) An order under subsection (7) shall not extend the period mentioned in subsection (1) or section 16 (1) beyond a total period of 9 weeks. | ||
(9) Before making an order under subsection (7), the Minister shall have regard to the likely effect of the order on— | ||
(a) the facilitation of relevant parents who are employees to balance paid employment and their responsibilities to their children in a fair and equitable way, | ||
(b) the promotion of the participation of mothers in the labour market, | ||
(c) the opportunity for relevant parents to share the responsibility of providing, or assisting in the provision of, care to their children on an equal basis, | ||
(d) employers, and | ||
(e) the cost to the Exchequer. | ||
(10) Where an order is proposed to be made under subsection (7), a draft of the order shall be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House. |