# Law on Parental Leave is changing soon



## CMCR (28 Apr 2006)

You might be interested to know that earlier this week the revised legislation regarding Parental Leave passed through the final stages in the Oireachtas. 

The new law (the Parental Leave Act 2006) *is not yet in force* and *will require the Government to sign Regulations* in order to bring it into effect. 

I heard yesterday that the Government will probably sign these Regulations in the next few weeks (perhaps in 3 weeks or so) and the new law will come into effect immediately afterwards. 

The Parental Leave Act 2006 brings some important changes to the law - not least of which includes extending the age of the child in respect of whom leave may be taken. (The new law will cover children up to 8 years of age - previously this was 5 years). 

From reading the legislation it appears that parental leave will now be extended to those acting in loco parentis of a child (i.e., acting in place of the parent) so this presumably means it will be extended to foster parents, etc. It seems there are a few more changes on the cards too. For example, there will also be a change to the right to force majeur leave - extending the right to that leave to those in domestic partnerships (with some conditions). 

You can view the legislation here. (Note the Parental Leave (Amendment) Bill 2004 was originally published in 2004 - the law when it is published will probably be known as the Parental Leave (Amendment) Act 2006).

I am not sure of the implications of this change in the law for those already on Parental Leave but if I find out any more I will post again. 

CMCR.


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## bsieb23 (9 Jan 2007)

Hi,
I am starting parental leave this month and am spreading my entitlement across 70 weeks as 1 day per week. I realise that my salary will be reduced accordingly to 4/5th of my usual pay for this period. Can you let me know if my employer is correct to reduce my maximum annual performance bonus amount for this period also? My bonus is calculated on 10% of my salary. I am assuming that this will remain the same. However, my boss has advised me that my max. entitlement will be pro-rated down. Is this correct?


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## Towger (9 Jan 2007)

You employer does not have to pay you *anything* while on Parental leave :

http://www.equality.ie/index.asp?locID=81&docID=-1


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## ClubMan (9 Jan 2007)

As things stand in theory parents are entitled to certain periods of unpaid parental leave but I don't know of too many (at least private sector) jobs/employers in which availing of this leave would be a realistic/practical option. Anybody here ever availed of it?


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## MugsGame (9 Jan 2007)

bsieb23 is taking unpaid leave, one day a week, so their salary is reduced by 20%. I don't see why the maximum bonus percentage should be pro-rated on top-of this. If they are awarded a full bonus, 10% of the actual pay should still cause a 20% reduction for the days they weren't working. This would of course be equivalent to 8% of contractual pay. That's what seems fair. 8% of actual pay would be unfair.

However, I'm not sure of the legal situation. Handling of 'discretionary' bonuses seems to be a grey area. The legislation may protect you against 'victimisation' or 'special treatment' because you took parental leave, in which case you could argue the bonus percentage should be preserved. Similarly the revised legal entitlements for part-time workers may allow you to preserve your benefits.


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## bsieb23 (9 Jan 2007)

Thanks MugsGame. I'll try to argue my case for a maxmium 8% bonus on contractual pay.


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## AJC (9 Jan 2007)

ClubMan said:


> As things stand in theory parents are entitled to certain periods of unpaid parental leave but I don't know of too many (at least private sector) jobs/employers in which availing of this leave would be a realistic/practical option. Anybody here ever availed of it?


 

Mrs AJC works in a private sector job and will be availing of parental leave in the coming months

I know my ex-boss (different private co) used to take 4 weeks off every July as parental leave, which is something I would consider (assuming I can afford it) when my kids are on summer hols from school.


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## fobs (9 Jan 2007)

wotk in private sector and hope to take 7 weeks parental leave this August. Was refused this last year as there was not enough staff to cover the time off but can avail of it this year. Our company restricts the way in which you can take parental leave (only can take in either one or 2 chunks ) so cannot work a 3-day or 4-day week so very few people in the organisation take it as have to take a large chunk of time unpaid.


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## Purple (10 Jan 2007)

ClubMan said:


> I don't know of too many (at least private sector) jobs/employers in which availing of this leave would be a realistic/practical option. Anybody here ever availed of it?


 Never took any (three kids) and either has anyone else in my company.


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## ClubMan (10 Jan 2007)

I thought that you were self employed or am I thinking of somebody else?


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## Purple (10 Jan 2007)

I am a shareholder in a business but I would never do something myself and then not encourage amongst employees. That would smack of double standards. If someone really wanted to take parental leave we would not stop them but it’s not something we are going to put notices up about.


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## shipibo (10 Jan 2007)

Strange situation in my job, people have been refused Parental Leave, but could go on a 4 day week .....

I understand the 1-2 blocks are only mandatories for company to recognise, but what reason for the 4 day week ..


Just checked web , seems Parental leave entitles you to holidays, time off does not.

http://www.entemp.ie/employment/rights/holidays.htm


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## zag (10 Jan 2007)

I took one day a week parental leave in my previous job.  It was cool - every Friday off for a long time to play with the kids.  I had to educate my employer as to practicalities and they were pretty easy going in general so there was no major problem there.  Following my lead, other employees within the company started to avail of it.

There are subtle differences between taking time off and parental leave as indicated above.  One of the key ones is that you are entitled to parental leave by law - you must be allowed take it within certain limits and your employer cannot refuse you permission to take the entire chunk at a time which is mutually suitable.

I am planning on taking more time off (in a 4 or 5 week chunk) later this year and assuming my current employer approves in principle I don't mind whether I take it as parental leave or just time off.

I went looking for the new companies parental leave policy recently and it turned out to be a restricted document . . . . for a company with 300+ people in Ireland this kinda indicated not too many people have availed of it.

z


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## Joe1234 (10 Jan 2007)

crumdub12 said:


> Strange situation in my job, people have been refused Parental Leave, but could go on a 4 day week .....



Didn't know it could be refused.


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## bsieb23 (11 Jan 2007)

By law is can only be refused/postponed once by an employer due to workload reasons. Thereafter it must be approved assuming you are requesting the by law protected 6-week up to 14-week block of time. If you are requesting your parental leave broken down into smaller units like myself (such as days), your employer is not obliged to approve it at all.


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## ragazza (11 Jan 2007)

The guy who sits beside me in work takes off 4 weeks paternal leave every summer. He  is german, and takes his family to germany for the summer to stay with relatives, travel and learn the language. 
If you can afford it, the leave sounds like a great idea.


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## Joe1234 (11 Jan 2007)

bsieb23 said:


> By law is can only be refused/postponed once by an employer due to workload reasons.



Can the employer only postpone it for a maximum of 6 months?


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## bsieb23 (12 Jan 2007)

Joe1234 said:


> Can the employer only postpone it for a maximum of 6 months?


 
Yes - it can only be postponed once for a maximum of 6 months. This however, assumes that you are applying for a block of time off in excess of 6 weeks. They can deny a parental leave request for the time split in days if they want to.


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## slave1 (12 Jan 2007)

> Yes - it can only be postponed once for a maximum of 6 months. This however, assumes that you are applying for a block of time off in excess of 6 weeks


 
Appreciate back-up to that statement, our co turns down leave in blocks of 1 week + much to my annoyance


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## RainyDay (13 Jan 2007)

ClubMan said:


> As things stand in theory parents are entitled to certain periods of unpaid parental leave but I don't know of too many (at least private sector) jobs/employers in which availing of this leave would be a realistic/practical option. Anybody here ever availed of it?



In my last employer (private sector, hi-tech multinational), parental leave was extremely common. Many of the expectant mums combined their maternity leave with parental leave to take almost a year off. It was growing in popularity with the gents too, with several taking blocks of 4-8 weeks off in the summer (including one Director).


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## dubinamerica (14 Jan 2007)

Had a conversation with someone recently on this and was wondering the following - if a person is working part time (say 3 day week) is the parental leave pro-rated? i.e. they can only have (3/5th)*70 days, instead of the full 70? I would have thought that the full 70 still had to be given as it's in legislation. Any info on that ?


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## bsieb23 (15 Jan 2007)

slave1 said:


> Appreciate back-up to that statement, our co turns down leave in blocks of 1 week + much to my annoyance


 

Hi - there are a few links that provide official back-up to parental leave entitlements.....here are a couple

http://www.citizensinformation.ie/c...ays/parental_leave/?searchterm=parental leave

http://www.equality.ie/index.asp?locID=106&docID=55


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## monkey0804 (7 Feb 2007)

I took my parental leave and broke it down into hours, taking 3 hours off my working day, so instead of working 8.30 to 5.30 I worked 10 to 4 fice days a week. It worked great for me as my kids didn't have too long a day at creche and it worked very well for my employers too, as I managed to fit as much in the shorter hours as many who worked the full day.


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## Vanilla (8 Feb 2007)

There seems to be an uncertainty about whether you have an entitlement to anything other than the 14 weeks as a block. I don't have the act, but if you read the bill in conjunction with the old 1998 Act the wording is not absolute.


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## buzybee (8 Feb 2007)

How is the work managed, when people are working a 4 day week for a year, or when they are out for a month?

I can understand the employers can employ a temp if you take your leave over 3 months.

However employers would not bother employing a temp if people wanted to work a four day week.  I work a five day week in accounts and often it is a struggle to get the work done in the 40 hours, not to mind trying to get all that done in 4 days, and only getting paid for the 4 days.


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## Joe1234 (8 Feb 2007)

buzybee said:


> I work a five day week in accounts and often it is a struggle to get the work done in the 40 hours, not to mind trying to get all that done in 4 days, and only getting paid for the 4 days.



Surely that is the employers problem.


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## Deliah (9 Feb 2007)

Is the leave time 14 weeks of 7 days or 14 weeks or 5 working days?

I'm taking mine 1 day a week so would be very interested to know.

Thanks


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## Joe1234 (9 Feb 2007)

I would imagine that it is 14 weeks of 5 working days.


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