Carer's Leave Act 2001

Number 19 of 2001

CARER’S LEAVE ACT 2001

REVISED

Updated to 14 October 2020

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 the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, 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 14 October 2020

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 14 October 2020

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. [2nd July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

...

Carer’s Leave Act 2001 (No. 19 of 2001)

...

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;

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67 .

...

57. Carer’s Leave Act 2001

...

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:

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.

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Carer's Leave Act 2001