PARENTAL LEAVE ACT 1998


Number 30 of 1998


PARENTAL LEAVE ACT 1998

REVISED

Updated to 18 January 2016


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 International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016), made 12 January 2016, 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 18 January 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Parental Leave Acts 1998 and 2006 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Parental Leave (Amendment) Act 2006, s. 13(2)). The Acts in the group are:

Parental Leave Act 1998 (30/1998)

Parental Leave (Amendment) Act 2006 (13/2006)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations Act 2015 (16/2015)

Children and Family Relationships Act 2015 (9/2015)

Education and Training Boards Act 2013 (11/2013)

Adoption Act 2010 (21/2010)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Parental Leave (Amendment) Act 2006 (13/2006)

All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000)

All statutory instruments up to and including Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 12 of 2016), made 12 January 2016, were considered in the preparation of this revision.


Number 30 of 1998


PARENTAL LEAVE ACT 1998

REVISED

Updated to 18 January 2016


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Acts Referred to

Adoption Act, 1952

1952, No. 25

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

Employment Equality Act, 1998

1998, No. 21

Freedom of Information Act, 1997

1997, No. 13

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Organisation of Working Time Act, 1997

1997, No. 20

Protection of Employees (Employers' Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Acts, 1967 to 1991

Unfair Dismissals Act, 1977

1977, No. 10

Unfair Dismissals Acts, 1977 to 1993


Number 30 of 1998


PARENTAL LEAVE ACT 1998

REVISED

Updated to 18 January 2016


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. [8 th July, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

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).

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 Justice and Law Reform.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Justice and Law Reform.

3.—(1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under any of the Acts mentioned in the Schedule are transferred to the Minister for Justice and Law Reform.

...

SCHEDULE

Article 3(1)

Enactments, functions under which are transferred from the Minister for Community, Equality and Gaeltacht Affairs to the Minister for Justice and Law Reform

...

Parental Leave Acts 1998 and 2006

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 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).

E3

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.