Under plans to be brought to Cabinet imminently, carers and parents of younger children will be able to take five days of unpaid leave a year to look after people in their care who become unwell.

What are the terms of this update to Parental Leave?

Under the new rules, which will amend the Parental Leave Act 1998, parents of children up to the age of 12 and carers will be able to take five days of unpaid leave a year, per employee, on top of existing entitlements. 

Parents and carers will be able to request flexible working arrangements for caring purposes. Although, employees will be required to give their employer six months’ notice if they are hoping for more flexibility or reduced working hours. The employer is expected to respond within four weeks and to consult with the employee if they refuse their request. There will be emphasis on an employer giving credible grounds for their decision to refuse a worker’s request under the legislation.

The act will remedy deviates from the current legislation in place, including making provisions to ensure an entitlement to maternity leave for a transgender man who has obtained a gender recognition certificate and subsequently gives birth.

The bill will also allow time to be taken off from work to breastfeed every day for a longer period. Currently, this time can be taken for six months, but it will be extended to two years with the new legislation.

Do parents have to give notice for this leave?

Employees will not have to give notice to their employers to take up to five days off work to care for a family member. However, the employer will be entitled to request proof of the medical need and the time off can not be taken in periods of less than one day.

Why is this legislation coming into effect?

This new aspect of parental leave will be an element of the Work Life Balance and Miscellaneous Provisions Bill, which the Minister for Children Roderic O’Gorman will seek cabinet approval for in the coming weeks. The Bill is aiming to give employees greater flexibility and is part of a movement for more sustainable work-life balance.

The new legislation aligns with the introduction of the European Union’s Work Life Balance Directive which states that working parents of children up to eight years old should be entitled to seek flexible working arrangements.