Carer’s Leave Act 2001

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

18

18.—(1) An employer who is of the opinion that—

( a) the person in respect of whom the employee proposes to take carer’s leave is not or is no longer a relevant person, or

( b) the person in respect of whom carer’s leave has been granted, and in respect of whom the employee is on carer’s leave, is not or is no longer a relevant person,

shall notify the Minister for Social, Community and Family Affairs of his or her opinion and the grounds for that opinion.

(2) An employer who is of the opinion that an employee who proposes to take, or is on, carer’s leave does not satisfy the conditions for providing full-time care and attention to the relevant person shall notify the Minister for Social, Community and Family Affairs of his or her opinion and the grounds for such opinion.

(3) An employer who is of the opinion that an employee who proposes to take, or is on, carer’s leave is engaging or has engaged in employment or self-employment other than as prescribed under section 82B(3) (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993 shall notify the Minister for Social, Community and Family Affairs of his or her opinion and the grounds for such opinion.

(4) On receipt of a notification under subsection (1), (2) or (3), the notification shall be referred to a deciding officer for a decision under the Act of 1993 as to whether—

( a) the person referred to in subsection (1) is a relevant person,

( b) the employee satisfies the conditions for providing full-time care and attention to the relevant person, or

( c) the employee is engaging or has engaged in employment or self-employment other than as prescribed under section 82B(3) (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993.

for the purposes of Chapter 11A (inserted by the Act of 2000) of Part II of the Act of 1993.

(5) A decision of a deciding officer under subsection (4) may be appealed under section 257 of the Act of 1993.