Parent’s Leave and Benefit Act 2019
Allocation of parent’s leave
7. (1) A period of parent’s leave shall, subject to sections 11 to 14, commence on such day as a relevant parent selects in his or her relevant notification, being not earlier than such day as is specified in section 8(1), 8(2), 9(1), 9(2), 10(1), 10(2), 10(3), 10(4) or 10(5), as the case may be, and shall, subject to subsection (3) end—
(a) in the case of a child who is, or is to be, adopted, subject to subsection (4), not later than the expiration of the period of F6[2 years] beginning on the day of placement, or
(b) in any other case, subject to subsection (5), not later than the day on which a child in respect of whom parent’s leave is to be taken attains the age of F6[2 years].
(2) Where a relevant parent is employed under a contract of employment for a fixed-term and that term expires before the day which, apart from this subsection, would be the last day of his or her parent’s leave, then—
(a) notwithstanding any other provision in this Part, the last day of his or her parent’s leave shall be the day on which the term expires, and
(b) nothing in this Part shall affect the termination of the relevant parent’s contract of employment on that day.
(3) Where an employee who is a relevant parent in relation to a child is prevented from taking all or any of his or her parent’s leave within the period referred to in subsection (1)(a) or by the day referred to in subsection (1)(b) by virtue of—
(a) the requirement to give notification not later than 6 weeks before the intended commencement of the parent’s leave concerned, in accordance with subsection (2) or (5), as the case may be, of section 6,
(b) the postponement of the commencement of parent’s leave under section 13, or
(c) the postponement of parent’s leave, or part of it, under section 14,
reference to the period in subsection (1)(a) and reference to the day in subsection (1)(b) shall be construed as if each were extended—
(i) where paragraph (a) applies, by a period of 6 weeks, or
(ii) where paragraph (b) or (c) applies, by such period equivalent to the period of postponement referred to in the paragraph concerned.
(4) Where a child is adopted and the day of placement in respect of the child falls on or after 1 November 2019 and before the coming into operation of this section, the reference in subsection (1)(a) to not later than the expiration of the period of 1 year beginning on the day of placement shall be construed as a reference to not later than the expiration of the period of 1 year beginning on the date on which this section comes into operation.
(5) Where the date of confinement in respect of a child falls on or after 1 November 2019 and before the coming into operation of this section, the reference in subsection (1)(b) to not later than the day on which a child in respect of whom parent’s leave is to be taken attains the age of 1 year shall be construed as a reference to not later than the expiration of the period of 1 year beginning on the date on which this section comes into operation.
Annotations
Amendments:
F6
Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 28, S.I. No. 148 of 2021.