Dan Boyle (Cork South Central, Green Party)
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Question 167: To ask the Minister for Enterprise, Trade and Employment if he intends amending the Carers Leave Act 2001 in order to protect carers employment rights during the period in which they avail of the carers benefit. [32210/06]

Tony Killeen (Clare, Fianna Fail)
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The Carer's Leave Acts 2001 to 2006 provide that a person may take leave of up to 104 weeks to care for a person, who is deemed by the Department of Social and Family Affairs to be in need of such care.

A person who avails of carer's leave from his or her employment will have his or her employment rights protected for the duration of the leave and shall be regarded as still working in that particular employment. None of his or her rights will be affected, except the right to remuneration, annual leave, public holidays and superannuation benefits. The normal statutory entitlement to annual leave and public holidays, which employees enjoy under the Organisation of Working Time Act 1997, applies to the first 13 week period of carer's leave.

If an employee considers that his or her rights have been breached under the Carer's Leave Acts 2001 to 2006, he or she can take a case to a Rights Commissioner of the Labour Relations Commission for adjudication and on appeal to the Employment Appeals Tribunal.

The entitlement to carer's benefit payment is based on PRSI contributions and is payable by the Department of Social and Family Affairs.