Paternity Leave and Benefit Act 2016

6.

Entitlement to paternity leave

6. (1) Subject to this Part, an employee who is a relevant parent in relation to a child shall be entitled to 2 weeks’ leave from his or her employment, to be known (and referred to in this Act) as “paternity leave”, to enable him or her to provide, or assist in the provision of, care to the child or to provide support to F4[the qualifying adopter] or mother of the child, as the case may be, or both.

(2) Other than where section 12 applies, the period of leave referred to in subsection (1) shall comprise a single period of 2 weeks.

(3) Subject to subsection (4), only one person who is a relevant parent in relation to a child shall be entitled to paternity leave in respect of that child.

(4) Subsection (3) shall not operate to prevent paternity leave from being taken by a relevant parent referred to in paragraph (a) of the definition of relevant parent in section 2(1) in respect of a child by reason only that paternity leave has prior to the adoption of the child, been taken in respect of that child by a person other than that relevant parent.

(5) Where the birth of a child is part of a multiple birth or a person adopts 2 or more children at the same time, a person who is a relevant parent in relation to the children concerned shall only be entitled to one period of paternity leave under this section in respect of the children concerned.

(6) Subsection (1) applies—

(a) in the case of a child who is, or is to be, adopted where the day of placement in respect of the child falls on or after 1 September 2016, or

(b) in any other case, where the date of confinement in respect of the child falls on or after 1 September 2016.

(7) A person may not avail of paternity leave under this Act where the person avails of adoptive leave under section 6 of the Act of 1995.

Annotations:

Amendments:

F4

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 22, S.I. No. 148 of 2021.