Parental Leave Act 1998
Number 30 of 1998
PARENTAL LEAVE ACT 1998
REVISED
Updated to 27 November 2023
This Revised Act is an administrative consolidation of the Parental Leave Act 1998. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Domestic, Sexual and Gender-Based Violence Agency Act 2023 (31/2023), enacted 28 November 2023, and all statutory instruments up to and including the Parental Leave Act 1998 (Section 13AA) (Prescribed Daily Rate of Domestic Violence Leave Pay) Regulations 2023 (S.I. No. 574 of 2023), made 21 November 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 30 of 1998
PARENTAL LEAVE ACT 1998
REVISED
Updated to 27 November 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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Voidance or modification of certain provisions in agreements. |
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Parental leave and Force Majeure Leave
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Postponement, curtailment and variation of parental leave by parties concerned. |
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Requests for Flexible Working Arrangements for Caring Purposes
Employment Rights
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Right to request changes when returning from parental leave. |
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Resolution of Disputes
Miscellaneous
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Winding up and bankruptcy. (Repealed) |
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Extension of Protection of Employees (Employers' Insolvency) Act, 1984. |
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Acts Referred to |
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1952, No. 25 |
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1988, No. 27 |
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1956, No. 46 |
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1963, No. 33 |
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1981, No. 11 |
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1971, No. 27 |
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1998, No. 21 |
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1997, No. 13 |
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1941, No. 23 |
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1994, No. 34 |
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1973, No. 4 |
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Minimum Notice and Terms of Employment Acts, 1973 to 1991 |
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1997, No. 20 |
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1984, No. 21 |
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1967, No. 21 |
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Redundancy Payments Acts, 1967 to 1991 |
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1977, No. 10 |
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Unfair Dismissals Acts, 1977 to 1993 |
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Number 30 of 1998
PARENTAL LEAVE ACT 1998
REVISED
Updated to 27 November 2023
AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 96/34/EC OF 3 JUNE 1996 ON THE FRAMEWORK AGREEMENT ON PARENTAL LEAVE CONCLUDED BY UNICE, CEEP AND THE ETUC, FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [8th July, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text)
C1
Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Justice and Equality -
(a) by or under the enactments specified in Schedule 1, and
...
are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs
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Parental Leave Acts 1998 to 2019
...
C2
Dispute resolution mechanism provided (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 41(1), (2) and sch. 5 part 3, S.I. No. 338 of 2015, art. 2(b).
Presentation of complaints and referral of disputes
41. (1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.
(2) An employee or an employer (in this Act also referred to as a “complainant”) or, where the complainant so consents, a specified person, may refer a dispute as to the entitlements of the employee under an enactment specified in Part 3 of Schedule 5 to the Director General, and, where a dispute is so referred, the Director General shall, subject to section 39, refer the dispute for adjudication by an adjudication officer.
...
C3
Functions in relation to Act transferred (1.01.2005) by Health Act 2004 (42/2004), s. 59 and sch. 3 item 58, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
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SCHEDULE 3
Transfer of Functions and References to Functional Areas
Section 59 and 67.
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58. Parental Leave Act 1998
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Editorial Notes:
E1
Act and European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000) included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 6, part 3 item 1, S.I. No. 338 of 2015, with the following effects:
• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
Previous affecting provision: functions transferred and references to Minister for and Department of Community, Equality and Gaeltacht Affairs construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Name of Minister and Department changed to Children and Youth Affairs and references construed (2.06.2011) by Community, Equality and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 214 of 2011), in effect as per art. 1(2); superseded as per C-note above.
E3
Previous affecting provision: functions transferred and references to Minister for and Department of Justice Equality and Law Reform construed (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Name of Minister and Department changed to Justice and Law Reform and references construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010); superseded as per E-note above.
E4
Previous affecting provision: application of Act extended to certain parents (19.07.2000) by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000) for period to 31 December 2001.