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KNOW YOUR RIGHTS: Changes to parent’s leave begin in August

August 7th, 2024 3:00 PM

KNOW YOUR RIGHTS: Changes to parent’s leave begin in August Image
Parent’s leave – which is not the same as parental leave – is specifically for a parent to take during the child’s first two years of a child’s life. It is extended in duration from August. (Photo: Shutterstock)

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NEW extensions to parent’s leave come into effect from Thursday August 1st, granting added time to parents.

Parent’s leave – which is not the same as parental leave – is specifically for parents during the child’s first two years.

Up until now parent’s leave entitles each parent to seven weeks’ leave during the first two years of a child’s life, or in the case of adoption, within two years of the placement of the child with the family.

The leave period remains the same in the case of multiple births, for example if you have twins or if you adopt two or more children at the same time. From Thursday, August 1st, parent’s leave will increase from seven weeks to nine weeks for children born or adopted after August 1st 2024.

You can claim the additional two weeks’ parent’s leave if your child is under the age of two on August 1st  or your adopted child has been placed with your family less than two years on August 1st .

You must complete the extra leave on or before your child’s second birthday or within two years of the adoption placement. Parent’s Benefit will also increase from seven weeks to nine weeks for each parent (if you qualify)

What is the difference between parental leave and parent’s leave?

Parental leave entitles parents to take unpaid leave from work to spend time looking after their children. Both parents can take up to 26 weeks parental leave. You can get more information about parental leave. Parent’s leave is specifically for parents during the child’s first two years.

The table below explains the differences between the two types of leave for parents.

What are the rules about parent’s leave?

You must meet certain criteria to be eligible to take parent’s leave. You must:

  • Be a relevant parent
  • Take the leave within 104 weeks (two years) of the birth of the child or in the case of adoption, from the date the child is placed with you (the placement date)
  • Give at least 6 weeks’ notice to your employer

Who can take parent’s leave?

Relevant parents can take parent’s leave for eligible children. A relevant parent is one of the following:

  • A parent of the child
  • A spouse, civil partner or cohabitant of the parent of the child
  • A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015
  • The adopting parent or parents of a child
  • The spouse, civil partner or spouse of the adopting parent of the child (if the parents have not adopted jointly)

How can I take parent’s leave?

You can take this leave as:

  • One continuous period of leave or
  • Separate periods of not less than one week
  • Parent’s leave cannot be transferred between parents – except in specified circumstances such as the death of one of the parents.

How much will I get paid during parent’s leave?

If you have enough PRSI contributions, you will get a weekly Parent’s Benefit of €274 per week. This is paid by the Department of Social Protection (DSP).

Your employer does not have to pay you while you are on parent’s leave. However, some employers do pay or top up your pay during the leave period – this is set out in your contract of employment.

Are there qualifying conditions for Parent’s Benefit?

You should apply for Parent’s Benefit at least 4 weeks before the date you start your parent’s leave. If you are self-employed you should apply for Parent’s Benefit 6 weeks before you intend to take parent’s leave. You need your child’s PPS number to apply for Parent’s Benefit.

You must have a certain number of paid PRSI contributions on your social insurance record. Your PRSI contributions can be from both employment and self-employment. You must meet the conditions when you apply. You can contact your local Citizens Information Centre for more information on the PRSI requirements.

If you are getting a Working Family Payment (WFP), you can continue to get your WFP with your Parent’s Benefit as long as you meet the qualifying criteria for both.

Are there any other rules for parent’s leave?

You are treated as being in employment while you are on parent’s leave (and all other types of statutory leave for parents). You are entitled to return to your job after parent’s leave.

Annual leave – you can build up annual leave while you are on parent’s leave.

Public holidays – you are entitled to any public holidays that occur during your parent’s leave.

PRSI contributions – you can get credited PRSI contributions while you are on parent’s leave.

Can I share my parent’s leave with my partner?

Both parents have an equal separate entitlement to parent’s leave. You cannot transfer your entitlement to your partner.

Where one parent dies, the surviving parent is entitled to leave for the amount of leave the deceased parent did not take from their seven week entitlement (this is known as transferred parent’s leave).

How do I apply for parent’s leave?

You must give notice to your employer before you can take parent’s leave.

You must:

  • Give your notice in writing
  • Tell your employer at least 6 weeks before the leave is due to start
  • Include the start date, the way the leave will be taken and how long the leave will last

Can my employer refuse my application for parent’s leave?

Your employer can only refuse parent’s leave if you are not entitled to it.

Your employer can postpone your parent’s leave for up to two weeks. Your employer could postpone your leave for the following reasons:

  • Seasonal variations in the volume of work
  • No replacement to carry out your work
  • The nature of your duties
  • The number of other employees also taking parent’s leave
  • Any other relevant matters

What happens if a postponement of my parent’s leave takes me past the two year eligibility period?

The eligibility period for parent’s leave (up to a child’s second birthday) can only be extended for up to a maximum of two weeks in circumstances where an employer has rejected the original dates within the two year period for business reasons.

When making an application for parent’s leave and Parent’s Benefit for dates outside of the two year eligibility period, you must submit supporting documentation to include confirmation from your employer detailing the reason for the rejection of the original dates, and confirming your employer has agreed the revised dates with you.

 

 

For further information call a member of the local Citizens Information Service in West Cork on 0818 07 8390. They will be happy to assist you and if necessary arrange an appointment for you. The offices are staffed from 10am-5pm from Monday to Thursday and on Friday from 10am-4pm. Alternatively you can email [email protected] or log on to www.citizensinformation.ie

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