Carer’s Leave Act 2001


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 4 September 2018


This Revised Act is an administrative consolidation of the Carer’s Leave Act 2001. 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 Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018), made 4 September 2018, 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 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 4 September 2018


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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1984, 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)

Local Government Reform Act 2014 (1/2014)

Education and Training Boards Act 2013 (11/2013)

Health Act 2004 (42/2004)

Protection of Employees (Part-Time Work) Act 2001 (45/2001)

Social Welfare Law Reform and Pensions Act 2006 (5/2006)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018), made 4 September 2018, were considered in the preparation of this revision.


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 4 September 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART 2

Carer’s Leave

6.

Entitlement to carer’s leave.

7.

Supplemental provisions to section 6 .

8.

Manner in which carer’s leave may be taken.

9.

Notice of carer’s leave.

10.

Confirmation of carer’s leave.

11.

Termination of carer’s leave.

12.

Postponement, curtailment and variation of carer’s leave by parties concerned.

PART 3

Employment Rights

13.

Protection of employment rights.

14.

Return to work.

15.

Right to alternative employment.

16.

Protection of employees from penalisation.

PART 4

Resolution of Disputes

17.

Disputes.

18.

Reference by employer to Minister for Social, Community and Family Affairs on certain issues.

19.

Reference of disputes to rights commissioner.

20.

Appeal from decision of rights commissioner.

21.

[Decision under section 41 or 44 of Workplace Relations Act 2015.]

22.

Enforcement of decisions and determinations.

23.

Appeal to High Court on point of law.

PART 5

Miscellaneous

24.

Service of notices.

25.

Winding up and bankruptcy.

26.

Amendment of Act of 1967.

27.

Amendment of Act of 1977.

28.

Amendment of Organisation of Working Time Act, 1997.

29.

Amendment of National Minimum Wage Act, 2000.

30.

Extension of Protection of Employees (Employers’ Insolvency) Act, 1984.

31.

Maintenance of records.

32.

Inspectors.

33.

Penalties, proceedings, etc.

34.

Review of Act.


Acts Referred to

Adoptive Leave Act, 1995

1995, No. 2

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1999

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

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

National Minimum Wage Act, 2000

2000, No. 5

Organisation of Working Time Act, 1997

1997, No. 20

Parental Leave Act, 1998

1998, No. 30

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Protection of Employees (Employers’ Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Acts, 1967 to 1991

Social Welfare Act, 2000

2000, No. 4

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Unfair Dismissals Act, 1977

1977, No. 10

Unfair Dismissals Acts, 1977 to 1993


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 4 September 2018


AN ACT TO PROVIDE FOR THE TEMPORARY ABSENCE FROM EMPLOYMENT OF EMPLOYEES FOR THE PURPOSE OF THE PROVISION OF FULL-TIME CARE AND ATTENTION TO A PERSON REQUIRING IT, TO PROTECT THE EMPLOYMENT RIGHTS OF THOSE EMPLOYEES DURING SUCH ABSENCE, AND FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [2 nd July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Certain functions under Act transferred (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1)-(3) and sch. 3 item 57, S.I. No. 887 of 2004 and S.I. No. 885 of 2004 (establishment day).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

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.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67 .

...

57. Carer’s Leave Act 2001

...

C2

Act applied with modifications (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), ss. 3(1), 8, S.I. No. 636 of 2001.

Interpretation (generally).

3.—(1) In this Act, unless the context otherwise requires— ...

“relevant enactment” means—

(a) the Carer’s Leave Act, 2001,

...

Application of relevant enactments.

8.—Each relevant enactment shall apply to a part-time employee in the same manner, and subject to the like exceptions not inconsistent with this section, as it applies, other than by virtue of this Act, to an employee to whom that enactment relates.

Editorial Notes:

E1

Act 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 2 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.