Parental Leave Act 1998

Notice of parental leave.

8

8. (1) When an employee proposes to take parental leave, he or she shall, as soon as reasonably practicable but not later than 6 weeks before the commencement of the leave, give notice in writing of the proposal to his or her employer.

(2) A notice under subsection (1) shall specify the date of commencement of the parental leave concerned and its duration and the manner in which it is proposed to be taken and shall be signed by the employee concerned.

(3) Before the date of the confirmation document concerned, an employee may, by notice in writing signed by him or her and given to his or her employer, revoke a notice under subsection (1) given by him or her and, if the employee does so, he or she shall not be entitled to take parental leave at the time specified in the latter notice.

(4) Notwithstanding subsection (1), where leave purporting to be parental leave is taken by an employee who is entitled to parental leave but who has not complied with subsection (1) in relation to the leave, the employer may, at his or her discretion, treat the leave as parental leave and this Act shall apply accordingly.

(5) An employer shall retain a notice given to him or her under this section and shall give a copy of it to the employee concerned who shall retain it.

F18 [ (6) An employee who has given a notice to his or her employer under subsection (1) shall, if the employer so requests, furnish to the employer such evidence as the employer may reasonably require in relation to

( a ) the date of birth of the child in respect of whom the parental leave is sought,

( b ) the employee being a relevant parent, within the meaning of section 6(9) , of the child, and

( c ) if relevant, the disability, within the meaning of section 6(9) , of the child.

(7) Where an employee proposes to take parental leave in respect of a child pursuant to section 7(1)(aa) , then the notice under subsection (1) required to be given by the employee shall, for the purposes of this Act, be treated as

( a ) one such notice if the employee complies with that requirement by giving one notice specifying the 2 periods of parental leave proposed to be taken, and

( b ) 2 such notices if the employee complies with that requirement by giving 2 notices each specifying one of the periods of parental leave proposed to be taken,

and the other provisions of this Act (including section 11 ) shall be construed accordingly. ]

F19 [ (8) Where an employee proposes to take parental leave in respect of a child pursuant to section 7(1)(ba) , then the notice under subsection (1) required to be given by the employee shall, for the purposes of this Act, be treated as

( a ) one such notice if the employee complies with that requirement by giving one notice specifying a continuous period of parental leave proposed to be taken,

( b ) one such notice if the employee complies with that requirement by giving one notice specifying the periods of parental leave proposed to be taken, or

( c ) such number of notices equivalent to the number of periods of parental leave proposed to be taken if the employee complies with that requirement by giving such number of notices each specifying one of the periods of parental leave proposed to be taken,

and the other provisions of this Act (including section 11 ) shall be construed accordingly. ]

Annotations:

Amendments:

F18

Substituted and inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 5, commenced on enactment.

F19

Inserted (19.07.2019) by Parental Leave (Amendment) Act 2019 (11/2019), s. 5, S.I. No. 356 of 2019.