Brendan Griffin (Kerry, Fine Gael)
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161. To ask the Minister for Education and Skills if a teacher's parental leave entitlement can be transferred from one of the teacher's children to another in a case whereby there is an exceptional health requirement on the part of one of the children; and if he will make a statement on the matter. [15943/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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Parental leave is a period of unpaid leave available to teachers for the purpose of the care of children. It is provided for under the Parental Leave Acts 1998 and 2006 and the European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013).

The provisions of the scheme as it applies to teachers are outlined in Chapter 6 of Terms and Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools - Edition 1, the contents of which were agreed under the auspices of the Teacher Conciliation Council (TCC).

The TCC is part of the scheme of Conciliation and Arbitration for Teachers and was set up to deal with claims and proposals relating to the Terms and Conditions of employment of teachers. The Council is composed of representatives of teachers, school management, the Department of Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of the Workplace Relations Commission.

A teacher is entitled to 18 weeks parental leave in respect of each child up to the age of 13 years or the age of 16 years in the case of a child with a disability and/or long-term illness. There is no obligation however to take the full 18 weeks leave.

Each parent has a separate entitlement to parental leave from his/her job and such leave is available to each parent who meets any of the following criteria:

(a) the natural parent

(b) the adoptive parent

(c) the adopting parent

(d) a teacher acting in loco parentis to a child

Subject to the approval of the employer, it is possible to transfer 14 weeks out of the 18 week parental leave entitlement to another parent of a relevant child, provided the other parent is employed with the same employer. In compliance with Council Directive 2010/18/EU, it is necessary for each parent to retain 4 weeks, out of his/her 18 week entitlement, for his/her own personal use. Under that Directive, these 4 weeks may not be transferred to another parent and can only be used by the parent with whom the entitlement originates. This means where both parents are in the one school one parent may avail of 32 weeks and the other 4 weeks.

There is no provision for transfer of parental leave between children.