Parental Leave Act 1998

Manner in which parental leave may be taken.

7

7. (1) Subject to this Act, parental leave may consist of—

( a) a continuous period of F13 [ equal to the period referred to in section 6(1) ] , F14 [ ]

F15 [ ( aa ) subject to subsection (1A) , 2 separate periods

(i) each consisting of not less than 6 weeks, and

(ii) not exceeding F13 [ the number of weeks referred to in section 6(1) in total, ] ]

( b) with the agreement of the employer or representatives of the employer and other employers and the employee or representatives of the employee and other employees, a number of periods each of which comprises—

(i) one or more days on which, but for the leave, the employee would be working in the employment concerned,

(ii) one or more hours during which, but for the leave, the employee would be working in the employment concerned, or

(iii) any combination of periods referred to in F13 [ subparagraphs (i) and (ii) , or ]

F16 [ ( ba ) where an employee has taken leave pursuant to paragraph (a) , (aa) or (b) , periods each consisting of not less than 1 week. ]

F15 [ (1A) Subject to subsection (1B) , where parental leave in respect of a child is taken by an employee pursuant to subsection (1)(aa) , then in respect of that child the employee is not entitled to take the second period of parental leave unless not less than 10 weeks have elapsed since the first period of parental leave ended.

(1B) The employer concerned (or representatives of the employer and other employers) and the employee concerned (or representatives of the employee and other employees) may agree to a shorter period than the 10 weeks referred to in subsection (1A) , either in a particular case or a class of cases. ]

(2) ( a) Parental leave taken by an employee pursuant to subsection (1) (b) shall be such that the number of hours during which, but for the leave, the employee would be working in the employment concerned equals—

(i) the number of hours during which the employee worked in the employment concerned in such continuous period of F13 [ equal to the period referred to in section 6(1) ] before the commencement of the leave as may be determined by the employee concerned and the employer, or

(ii) if the employee and the employer fail to determine a period for the purposes of subparagraph (i), F13 [ the relevant number times ] the average number of hours per week during which the employee worked in the employment in each of the periods of F13 [ equal to the period referred to in section 6(1) ] ending immediately before the commencement of each week in which he or she takes any of the leave.

( b) In determining a period F17 [ referred to in paragraph (a) F13 [ , (aa) or (ba) of subsection (1) ] ] , holidays (including public holidays) to which the employee concerned is entitled or days on which he or she is absent from work on sick leave, maternity leave, adoptive leave, or force majeure leave shall be excluded and a corresponding number of days immediately before the commencement of the period shall be included and time spent on parental leave by the employee shall be deemed to be time spent by him or her at work in the employment concerned.

(3) F17 [ Subject to F16 [ subsection (3A) and (3B) ] , where ] an employee is entitled to parental leave in respect of more than one child and the children concerned are not children of a multiple birth, the period of parental leave taken by him or her in any period of 12 months shall not, without the consent of the employer, exceed that provided for in subsection (1).

F15 [ (3A) Subsection (3) shall not apply to

( a ) any period of parental leave proposed to be taken by an employee

(i) in respect of a child who has attained the age of 7 years before or on the date of commencement of this subsection, and

(ii) before the 1st anniversary of that date,

if the operation of section 6(2)(a) would prevent the employee from taking all or any part of that parental leave after that date, or

( b ) any period of parental leave proposed to be taken by an employee

(i) in respect of a child who has attained the age of 15 years before or on the date of commencement of this subsection, and

(ii) before the 1st anniversary of that date,

if the operation of section 6(2)(c) would prevent the employee from taking all or any part of that parental leave after that date. ]

F16 [ (3B) Subsection (3) shall not apply to

(a) any period of parental leave proposed to be taken by an employee

(i) in respect of a child who has attained the age of 11 years before or on the specified day, and

(ii) before the 1st anniversary of that day,

if the operation of section 6(2)(a) would prevent the employee from taking all or any part of that parental leave after that day, or

(b) any period of parental leave proposed to be taken by an employee

(i) in respect of a child who has attained the age of 15 years before or on the specified day, and

(ii) before the 1st anniversary of that day,

if the operation of section 6(2)(c) would prevent the employee from taking all or any part of that parental leave after that day. ]

(4) ( a) Where any holiday (other than a public holiday) to which an employee is entitled falls during a period of parental leave of the employee and on a day when (but for the leave and the holiday) the employee would be working in the employment concerned, the holiday shall be taken at such other time as may be determined by the employer concerned pursuant to section 20 of the Organisation of Working Time Act, 1997.

( b) Where any public holiday to which an employee is entitled falls during a period of parental leave of the employee and on a day when (but for the leave and the holiday) the employee would be working in the employment concerned, a day shall be added to the period of parental leave that the employee is entitled to take.

F16 [ (5) In this section, relevant number means the number equivalent to the number of weeks referred to in section 6(1) . ]

Annotations:

Amendments:

F13

Substituted (19.07.2019) by Parental Leave (Amendment) Act 2019 (11/2019), s. 4(a), (b), (c), (e), (f), S.I. No. 356 of 2019.

F14

Deleted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 4(a)(i), commenced on enactment.

F15

Inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 4(a)(ii), (b) and (e), commenced on enactment.

F16

Inserted (19.07.2019) by Parental Leave (Amendment) Act 2019 (11/2019), s. 4(d), (g), (h), (i), S.I. No. 356 of 2019.

F17

Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 4(c) and (d), commenced on enactment.

Editorial Notes:

E10

Previous affecting provision: subs. (1)(a), (aa)(ii), (2)(a) amended (8.03.2013) by European Union (Parental Leave) Regulations 2013 (S.I. No. 81 of 2013), reg. 5, in effect as per reg. 1(2); substituted as per F-note above.

E11

Previous affecting provision: application of Act restricted in relation to certain parents (19.07.2000) by European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000), reg. 6, for period to 31 December 2001.