Claire Kerrane (Roscommon-Galway, Sinn Fein)
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1460.To ask the Minister for Children, Equality, Disability, Integration and Youth to consider permitting parents to transfer their parental leave from one parent to another, rather than just in certain circumstances; given that it may not make financial sense for one parent who has exhausted all of their parental leave, to return to work while the other parent then takes their parental leave; and if he will make a statement on the matter.[35059/24]

Roderic O'Gorman (Dublin West, Green Party)
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Under the Parental Leave (Amendment) Act 2019, an employee who is a relevant parent in respect of a child under the age 12 is entitled to 26 weeks’ unpaid parental leave for each child. Where a child has a disability or long-term illness, the entitlement can continue until the child is 16. A relevant parent is a parent, an adoptive parent, or a person actingin loco parentis.

Both parents have an equal, separate entitlement to parental leave. Where both parents work for the same employer and the employer agrees, one parent can transfer 14 weeks of their parental leave entitlement to the other parent.

The legislation only sets out the minimum entitlement to parental leave. Depending on the contract of employment between the employee and the organisation, the employee may have more extensive rights to parental leave, as employers have the option to offer more than the entitlement set out in the legislation.

There have been significant developments in the entitlements to family leaves for working families in recent years, and this includes the aforementioned extension of the parental leave entitlements in 2019 from 18 weeks to 26 weeks, and the extension of the time period in which the leave can be taken from when the child attains the age of 8 years to when the child attains the age of 12 years.

The Work Life Balance and Miscellaneous Provisions Act 2023 was enacted on 4 April 2023, and introduces important entitlements for workers, including leave for medical care purposes for parents of children under 12, and the right to request flexible working for parents and carers. It transposes the Work-Life Balance Directive which specifically prevents the transfer of paid leave between parents in the interests of gender equality and of encouraging fathers as well as mothers to take such leave. Otherwise, there is a risk that only mothers would take the leave, potentially creating labour market disadvantages for them and that fathers would not be encouraged to take a greater share of their caring responsibilities.

For this reason, while conscious of the complex needs of families, it is not proposed to change the provisions making Parent's Leave non-transferable.