2.—(1) In this Act—

F1["Act of 2015" means the Workplace Relations Act 2015;

"adopting parent" means a qualifying adopter or a surviving parent within the meaning of the definitions of "qualifying adopter" and "surviving parent" in section 2 (1) of the Adoptive Leave Act 1995 but as if, in both of those definitions, "or is to be placed" were omitted in each place where it occurs;]

F2["adoption order" means an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or a recognition of an intercountry adoption effected outside the State within the meaning of that Act;]

F1["adoptive parent", in relation to a child, means a person in whose favour an adoption order in respect of the child has been made and is in force;]

F1["approved flexible working arrangement" means a flexible working arrangement, the request for which has been approved under section 13C(1)(b)(i);

"civil partner" shall be construed in accordance with section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

"code of practice" means any code of practice for the time being standing approved in accordance with Part 4 of the Work Life Balance and Miscellaneous Provisions Act 2023;

"cohabitant" shall be construed in accordance with section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“confirmation document” has the meaning assigned to it by section 9;

F1["continuous employment" includes employment completed by an employee under two or more continuous fixed-term contracts with the same employer;]

“contract of employment” means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and if express, whether it is oral or in writing;

“date”, in relation to a confirmation document, means the date on which it is signed by the parties thereto or the later of the dates on which it is so signed;

F3["employee" means a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a part-time employee and a fixed-term employee, and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces or a civil servant within the meaning of the Civil Service Regulation Act 1956) shall be deemed to be an employee employed by the head (within the meaning of the Freedom of Information Act 2014), of the public body (within the meaning aforesaid) in which he or she is employed and an officer or servant of a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), or of a harbour authority, the Health Service Executive or a member of staff of an education and training board shall be deemed to be an employee employed by the authority, Executive or board, as the case may be;]

“employer”, in relation to an employee—

(a) means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the remuneration of the individual concerned in respect of the work or service concerned shall be deemed to be the individual's employer, and

(b) includes, where appropriate, the successor or an associated employer of the employer;

F4["fixed-term employee" has the meaning assigned to it by section 2(1) of the Protection of Employees (Fixed-Term Work) Act 2003;]

F1["flexible working arrangement" means a working arrangement where an employee’s working hours or patterns are adjusted, including through the use of remote working arrangements, flexible working schedules or reduced working hours;]

“force majeure leave” shall be construed in accordance with section 13(1);

F1["household" means a person who lives alone or 2 or more persons who live together;]

“job”, in relation to an employee, means the nature of the work that the employee is employed to do in accordance with his or her contract of employment and the capacity and place in which he or she is employed;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“parental leave” shall be construed in accordance with section 6(1);

F4["part-time employee" has the meaning assigned to it by section 7(1) of the Protection of Employees (Part-Time Work) Act 2001;]

“prescribed” means prescribed by the Minister by regulations;

F1["relevant parent", in relation to a child, means a person who is—

(a) the parent, the adoptive parent or the adopting parent in respect of the child, or

(b) acting in loco parentis to the child;

"request for a flexible working arrangement" means a request referred to under section 13B(1);]

F5["specified Act" means the Parental Leave (Amendment) Act 2019;

"specified day" means the day on which the specified Act comes into operation;]

“successor”, in relation to an employer, shall be construed in accordance with section 15(1);

“the Tribunal” means the Employment Appeals Tribunal.

(2) For the purposes of this Act, two employers shall be taken to be associated if one is a body corporate of which the other (whether directly or indirectly) has control or if both are bodies corporate of which a third person (whether directly or indirectly) has control and “associated employer” shall be construed accordingly.

(3) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.

F1[(3A) For the purposes of this Act, a person shall be considered to be in need of significant care or support for a serious medical reason where, owing to the person’s disability, injury or illness, he or she requires such care or support that includes the presence of the employee at the place where the person is.]

F3[(4) A word or expression used in this Act and also in Directive (EU) 2019/1158 of 20 June 2019² shall have the same meaning in this Act as in that Directive.]