Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No 9:

In page 13, line 2, to delete "subsection (3)" and substitute "subsection (4)".

These are three amendments that relate to very technical issues regarding notification or commencement of paternity leave, and another technical amendment that is consequential on one of these, which we can discuss together. Section 11 provides for postponement of paternity leave in cases where the relevant parent - usually, the father, but we are providing for same-sex couples also - has given notice of intention to take the leave but becomes ill before the leave is due to be taken. The proposed new subsection (4) links in to sections 13 and 14. These sections provide for a situation where the relevant parent - usually the father - becomes entitled to maternity leave or adoptive leave in those rare and tragic circumstances where the mother dies while on maternity or adoptive leave.

Amendment No. 10 gives clarity on when the postponed paternity leave should be resumed in such circumstances by stating that it should be commenced not later than seven days after relevant parent - the father - ceases to be sick or on another date if the relevant parent and the employer so agree. The normal 28-week window in which paternity leave must be taken does not apply, hence we need this extra clarification. Amendment No. 9 is a consequential change to a cross reference.

Amendments Nos. 12 and 13 to section 15 provide for equally rare and tragic circumstances where a person who is entitled to paternity leave dies before he - or she, in the case of same-sex couples - has taken it. In these circumstances, section 15 transfers the paternity leave to the mother. The new subsection (5) tidies up the language but does not change the idea in the existing subsection, which is that the transfer takes place regardless of whether or not the deceased had applied for paternity leave. It is sufficient that the entitlement existed at the time of death.

The new subsection (6) resolves a technical issue so as to link the notification required under section 15(3)(a) with the other relevant notification procedures required under the Bill. A notification under this section is deemed to satisfy the notification requirements of other related sections. Subsection (7) deals with a situation where paternity leave has transferred to a surviving parent and where that leave is subsequently postponed due to sickness. In such a case, the leave should commence not later than seven days after the surviving parent is no longer sick or on another date agreed between parent and employer. Again, the normal 28-week window in which paternity leave must be taken does not apply in these circumstances. It is to build flexibility into the legislation for cases in which death or unexpected illness occurs and ensure the transfer can take place between the relevant people.