Written answers

Wednesday, 18 September 2024

Department of Children, Equality, Disability, Integration and Youth

Parental Leave

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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600. To ask the Minister for Children, Equality, Disability, Integration and Youth the basis upon which the number of weeks of parental leave that parents of the same employer can share is capped at 14 weeks; whether he will review this to allow parents to share a greater portion of this leave; and if he will make a statement on the matter. [36237/24]

Photo of Roderic O'GormanRoderic 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 acting in ‘loco parentis’.

It should be noted that the legislation only sets out the minimum entitlement to parental leave. Depending on an individual’s contract of employment, they may have more extensive rights to parental leave, as employers have the option to offer more than the entitlement set out in the legislation.

If both parents work for the same employer, and the employer agrees, 14 weeks of parental leave entitlement can be transferred from one parent can be transferred to the other parent.

The basis upon which the number of weeks of parental leave that parents of the same employer can share is capped at 14 weeks is contained in the Parental Leave Act 1998, as amended. Section 6 of the Principal Act was amended to allow for the transfer of 14 weeks’ parental leave by the European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013). The Regulations transpose EU Council Directive No. 2010/18/EU of 8 March 2010, which implements a revised Framework Agreement on parental leave concluded by the European Social Partners.

The purpose of providing individual non-transferable allocations of family leaves is to encourage sharing of caring responsibilities between both parents, which is important in fostering gender equality in society and in workplaces and in enabling children to have the benefit of receiving care from their fathers as well as from their mothers.

Family leave provisions are kept under review to ensure that they are effective and respond to the needs of families. Family leave entitlements are also mindful of the impact of the leaves on workplaces.Considering the recent significant increase in family leave entitlements through the Work Life Balance and Miscellaneous Provisions Act 2023, the Government has no plans to make further amendments to parental leave entitlements.

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