Changes under the Family Leave and Miscellaneous Provisions Act 2021
Following on from the signatory into law by the President on the 27th of March, new provisions under the Family Leave and Miscellaneous Provisions Act 2021 were passed and as a result of these changes working parents are now entitled to additional time off under Parent’s Leave and adoptive couples can choose which parent can avail of Adoptive Leave.
What do these changes mean for employees?
Parent’s Leave
Paid parent’s Leave was initially introduced through the enactment of the Parent's Leave and Benefit Act 2019 and provided that 'relevant parents' of a child, born or adopted on or after 1st November 2019, were entitled to two weeks' paid leave, subject to eligibility, at a rate of €245 per week by the Department of Social Protection. A parent of a child born on or after 1st November 2019, a spouse, civil partner or cohabitant of the child’s parent, a parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015, an adopting parent or parents of a child or the spouse, civil partner or cohabitant of the adopting parent of the child. If the parent has already taken their two-week entitlement, then they can take a further three weeks in 2021 (subject to the two year limit).
Prior to this change, the parent availing of the leave had to take their Parent’s Leave entitlement within 52 weeks of their child’s birth or, placement with their adoptive family. Following the enactment of the Family Leave and Miscellaneous Provisions Act 2021, as of April 1st 2021, parents are now entitled to five weeks leave under Parent’s Leave, which is an additional three weeks on the previous entitlement. The Act extends the period in which the leave can be taken, the leave can now be taken within the first two years after the birth or adoptive placement of a child. The purpose of this extension is to allow parents the opportunity to spend more time with their children during the first two years of their child’s life. Employers are not obliged to pay parents availing of Parent’s Leave; however, they can top-up the Parent’s Benefit if they wish.
Adoptive Leave
Under the Adoptive Leave Acts 1995 and 2005, an adopting mother or sole male adoptive parent, in employment, is entitled to 24 weeks of adoptive leave from work which begins on the day of the child’s placement. Under the Act, the adoptive parent can apply for an adoptive benefit payment from the Department of Social Protection. The enactment of the Family Leave and Miscellaneous Provisions Act 2021 amends the Adoptive Leave Acts to enable adoptive couples to choose which parent may avail of adoptive leave therefore removing the assumption that the adopting mother is the primary caregiver.
As part of this entitlement, an additional 16 weeks leave is available to the adoptive parent but is not covered for state benefit. While employers are not obliged to pay employees who are on Adoptive Leave more favourable arrangements can be put in place.
What does this mean for employers?
There are now several options available to parents for leave which include the above, such as maternity leave, paternity leave and parental leave. Employees are fully covered by employment legislation while availing of any of these leave options and are therefore subject to the same protections and cannot be penalised in any way. Employers should review their contracts of employment and the appropriate policies and procedures to ensure that the recent changes have been applied and communicated to all employees at the earliest opportunity.
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