The Parental Leave (Amendment) Act 2019 has now commenced and is effective from the 19th of July 2019. Employers must now ensure that policies and procedures are up to date and in line with new entitlements.
The old entitlement for unpaid parental leave was 18 weeks per child. This has now been increased to 22 weeks from the 1st of September 2019. It will further increase to 26 weeks from the 1st of September 2020. The 2019 Act also increases the age of the child in relation to whom parental leave is available from 8 years to 12 years of age. Therefore, parents will now be able to avail of their extended entitlements up until their child turns 12 years old.
Importantly for employers, Section 11 of the original Act has not been amended. Section 11 provides for a postponement by the employer of parental leave (for up to 6 months) in special circumstances which can be summarised as follows;
1. The employer is satisfied that the taking of parental leave at a certain time would have a substantial adverse effect on the operation of his or her business, profession or occupation by reason of seasonal variations in the volume of the work concerned;
2. The unavailability of a person to carry out the duties of the employee in the employment;
3. The nature of the employee’s duties;
4. The number of employees in the employment or the number of employees who wish to take parental leave at the same time.
Employers must be proactive and prepare for additional parental leave immediately. They must now ensure that policies and procedures are up to date and in line with new entitlements.
If your Business need advice in relation to updating policies in accordance with the new legislation, please do not hesitate to contact our Employment Law department.
Georgina O’Halloran
Solicitor
gohalloran@bdmboylan.ie
Telephone: 021 431 3333