Tom Hayes (Tipperary South, Fine Gael)
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Question 322: To ask the Minister for Enterprise, Trade and Employment if all employers have to abide by the new regulations in relation to carer's leave. [24733/06]

Tony Killeen (Clare, Fianna Fail)
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The Carer's Leave Act 2001 applies to all employees and, by extension, their employers. The Act sets out the procedures to be followed by employees who wish to avail of carer's leave.

The Carer's Leave Act 2001 was amended by Section 48 of the Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006) which increased carer's leave entitlements to workers from 65 weeks to 104 weeks with effect from 24th March 2006. This extended entitlement applies to employees who apply for carer's leave on or after that date.

An employee may refer a dispute with his or her employer in relation to an entitlement under the Carer's Leave Act, 2001, or any matter arising out of such an entitlement, to a Rights Commissioner of the Labour Relations Commission for adjudication. Hearings of the Rights Commissioners under the Act are held in private. Such referrals must be made in writing within 6 months of the occurrence of the dispute. In certain circumstances a Rights Commissioner may extend this period by a further 6 months.

Either party may appeal against a decision of the Rights Commissioner to the Employment Appeals Tribunal. An appeal is made by giving written notice to the Tribunal within 4 weeks of the date on which the Rights Commissioner's decision is notified to the prospective appellant. The Tribunal may, if it considers it reasonable to do so, having regard to all the circumstances, extend by no more than a further 6 weeks, the period of time within which a notice of appeal is required to be given to it.

However, disputes in relation to dismissal of an employee availing of carer's leave are dealt with under the provisions of the Unfair Dismissals Acts rather than under the Carer's Leave Act 2001.

My colleague, the Minister for Social and Family Affairs, has made Regulations (S.I. No. 288 of 2006) which came into effect on 1st June 2006 and which increase the number of hours an employee may work, from 10 hours per week to 15 hours per week (subject to an earnings limit), while in receipt of the parallel Carer's Benefit Scheme administered by the Department of Social and Family Affairs. This new provision also applies to a person availing of carer's leave.