Parental Leave Act, 1998

Notice of parental leave.

8.—(1) When an employee proposes to take parental leave, he or she shall, as soon as reasonably practicable but not later than 6 weeks before the commencement of the leave, give notice in writing of the proposal to his or her employer.

(2) A notice under subsection (1) shall specify the date of commencement of the parental leave concerned and its duration and the manner in which it is proposed to be taken and shall be signed by the employee concerned.

(3) Before the date of the confirmation document concerned, an employee may, by notice in writing signed by him or her and given to his or her employer, revoke a notice under subsection (1) given by him or her and, if the employee does so, he or she shall not be entitled to take parental leave at the time specified in the latter notice.

(4) Notwithstanding subsection (1), where leave purporting to be parental leave is taken by an employee who is entitled to parental leave but who has not complied with subsection (1) in relation to the leave, the employer may, at his or her discretion, treat the leave as parental leave and this Act shall apply accordingly.

(5) An employer shall retain a notice given to him or her under this section and shall give a copy of it to the employee concerned who shall retain it.

(6) An employee who has given a notice to his or her employer under subsection (1) shall, if the employer so requests, furnish to him or her such evidence as he or she may reasonably require in relation—

(a) in the case of a child as respects whom an adoption order is in force, to the adoptive parents, the date of birth of the child and the date of the making of the order, and

(b) in the case of any other child, to the employee being a parent of the child and the date of birth of the child.