Tom Neville (Limerick County, Fine Gael)
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174. To ask the Tánaiste and Minister for Justice and Equality his views on a matter (details supplied) in relation to paternity leave; and if he will make a statement on the matter. [44851/17]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, the Paternity Leave and Benefit Act 2016 created an entitlement to two weeks of paternity leave and benefit, to commence not earlier than the date of confinement and no later than 26 weeks from that date. The entitlement is created in Section 6 of the Act in relation to “an employee who is a relevant parent.” The criteria in relation to “relevant parent” are set out in Section 2 of the Act as follows:

“Relevant Parent”, in relation to a child, means a person (other than the mother of the child) who is—

(a) in the case of a child who is, or is to be, adopted—

(i) where the child is, or is to be, adopted jointly by a married couple of the same sex, the spouse chosen by that couple to be the relevant parent for the purposes of this Act, or

(ii) in any other case, the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child,

or

(b) in any other case—

(i) the father of the child,

(ii) the spouse, civil partner or cohabitant, as the case may be, of the mother of the child, or

(iii) a parent of the child under section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act;

The Deputy’s questions presume a link between guardianship and paternity leave. However, there is no connection between the two processes. The entitlement to paternity leave and benefit arises from qualification as a “relevant parent” as defined under the Act, and does not depend on whether or not that parent is also a guardian of the child.