Carer’s Leave Act 2001

Protection of employment rights.

13

13.—(1) An employee who is absent from work on carer’s leave shall be regarded as still working in the employment for all purposes relating to his or her employment and none of his or her rights or obligations related to the employment shall be affected by availing of carer’s leave other than—

( a) the right to—

(i) remuneration,

(ii) annual leave, except as provided for in subsection (2),

(iii) public holidays, except as provided for in subsection (3) , and

(iv) superannuation benefits,

and

( b) any obligation to pay contributions in, or in respect of, the employment.

(2) Section 19 of the Organisation of Working Time Act, 1997, shall apply to the first 13 weeks of absence from work on carer’s leave for each relevant person.

(3) Section 21(1) of the Organisation of Working Time Act, 1997, shall apply to the first 13 weeks of absence from work on carer’s leave for each relevant person and shall not apply to public holidays that occur after such period of absence from work.

(4) Absence from employment while on carer’s leave shall not be treated as part of any other leave from the employment (including sick leave, annual leave, adoptive leave, maternity leave, parental leave and force majeure leave) to which the employee concerned is entitled.

(5) Where—

( a) an employee who is on probation in his or her employment or is undergoing training in relation to that employment or is employed under a contract of apprenticeship takes carer’s leave, and

( b) his or her employer considers that the employee’s absence from employment while on carer’s leave would not be consistent with the continuance of the probation, training or apprenticeship,

the employer may require that the probation, training or apprenticeship be suspended during the period of the carer’s leave and be completed by the employee at the end of that period.

Annotations:

Editorial Notes:

E2

Compliance notice procedure in respect of subs. (2) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.