Carer's Leave Act, 2001

Manner in which carer's leave may be taken.

8.—(1) The period of carer's leave from employment to which an employee is entitled shall not exceed 65 weeks for each relevant person and may, subject to subsections (2) and (3) and any regulations made under subsection (6), be taken in the form of—

(a) one continuous period of 65 weeks for each relevant person, or

(b) a number of periods, the aggregate duration of which does not exceed a total of 65 weeks from the date of the commencement of the carer's leave.

(2) An employer may refuse, on reasonable grounds, to permit an employee to take a period of carer's leave which is less than 13 weeks duration and where the employer so refuses he or she shall specify in writing to the employee the grounds for such refusal.

(3) An employee who has taken a period of carer's leave in accordance with subsection (1)(b) in respect of a relevant person, shall not be entitled to commence a further period of carer's leave in respect of the same relevant person, until a period of 6 weeks has elapsed since the termination of the previous period of carer's leave.

(4) Where an employee has taken carer's leave in respect of a relevant person and that period of carer's leave has terminated the employee shall not commence carer's leave in respect of another relevant person until a period of 6 months has elapsed since the termination of the previous period of carer's leave.

(5) Nothing in this Act shall be construed as prohibiting an agreement between an employer and employee in respect of carer's leave on terms which are more favourable to the employee than the entitlements of the employee under this Act.

(6) The Minister may make regulations in respect of the form in which carer's leave may be taken by any specified class or classes of employees in circumstances where carer's leave is to be taken in the form referred to in subsection (1)(b).