Parental Leave Act 1998

Protection of employment rights.

14

14.(1) An employee shall, while on parental leave, be regarded for all purposes relating to his or her employment (other than his or her right to remuneration or superannuation benefits or any obligation to pay contributions in or in respect of the employment) as still working in the employment and none of his or her other rights relating to the employment shall be affected by the leave.

(2) Absence from employment while on parental leave shall not be treated as part of any other leave from employment (including sick leave, annual leave, adoptive leave, maternity leave F36[, force majeure leave, leave for medical care purposes and domestic violence leave]) to which the employee concerned is entitled.

(3) 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 parental leave, and

(b) his or her employer considers that the employee's absence from employment while on parental 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 parental leave and be completed by the employee at the end of that period.

(4) An employee shall, while on force majeure leave, be regarded for all purposes relating to his or her employment as still working in the employment concerned and none of his or her rights relating to the employment shall be affected by the leave.

(5) Absence from employment while on force majeure leave shall not be treated as part of any other leave from the employment (including sick leave, annual leave, adoptive leave, maternity leave F36[, parental leave, leave for medical care purposes and domestic violence leave]) to which the employee concerned is entitled.

F37[(6) Where—

(a) an employee who is on probation in his or her employment, is undergoing training in relation to that employment or is employed under a contract of apprenticeship, takes leave for medical care purposes or domestic violence leave, and

(b) his or her employer considers that the employee’s absence from employment while on leave for medical care purposes or domestic violence 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 leave for medical care purposes or domestic violence leave and be completed by the employee at the end of that period.

(7) An employee shall, while on leave for medical care purposes or domestic violence leave, be regarded for all purposes relating to his or her employment as still working in the employment concerned and none of his or her rights relating to the employment shall be affected by the leave.

(8) Absence from employment while on leave for medical care purposes or domestic violence leave shall not be treated as part of any other leave from employment (including parental leave, sick leave, annual leave, adoptive leave, maternity leave and force majeure leave) to which the employee concerned is entitled.]

Annotations

Amendments

F36

Substituted (3.07.2023) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 9(a), (b), S.I. No. 341 of 2023.

F37

Inserted (3.07.2023) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 9(c), S.I. No. 341 of 2023.