Frank Fahey (Galway West, Fianna Fail)

We have looked at this question since the debate on Second Stage in light of what was stated by Senators O'Toole and Norris. We found that the 1998 Act already entitles employees acting as parent to a child to force majeure leave, irrespective of whether the employee is in a same-sex relationship. Section 13(2) specifies the ill or injured persons for whom an employee is entitled to force majeure leave. Section 13(2)(c) defines such an individual as "a person to whom the employee is in loco parentis". That specification for the purpose of force majeure leave does not disqualify or otherwise prohibit an employee in a same-sex relationship from availing of such leave. Where one half of a couple is the natural parent of an ill or injured child, that parent's entitlement to force majeure leave is secured by section 13(2)(a) of the 1998 Act, so that is already provided for, and Senator O'Toole's amendment is superfluous.

There is one issue, however. Where a couple in a same sex relationship desire force majeure leave to look after each other, I understand that it is not provided for. As I stated last time, I am prepared to recommend to the Government that a ministerial order be made under section 13(2) of the Parental Leave Act 1998 to provide for that. However, I emphasise that it is subject to approval by the Government. I am certainly well disposed towards it.