Adoptive Leave Acts 1995 & 2005
The Adoptive Leave Act 1995 and 2005 covers all adopting mothers or sole male adopters who are in employment. The Act also covers employed adopting fathers in the event of the adopting mother’s death occurring following the adoption during the period of adoptive or additional adoptive leave. Under this act an employee is entitled to a minimum of 24 consecutive weeks’ adoptive leave and an optional 16 weeks’ additional adoptive leave.
An adoptive parent must give their employer at least 4 weeks written notice of the expected date of placement of the child, and confirm this as soon as possible. A certificate of placement (available from the Adoption Authority of Ireland or HSE) must be given to the employer no later than 4 weeks after the date of placement.
Adopting parents are entitled to time off during working hours without loss of pay to attend preparation classes and pre-adoption meetings with social workers/ health board officials required during the pre-adoption process.
There is no set period of the retention of adoptive leave records, however claims can be made within 6 months of employers being informed of an issue giving rise to a dispute or extended to 12 months in exceptional circumstances which employers must be aware of.
Bright Contracts' handbook includes each family related leave policy including adoptive leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
Related Articles:
- Parent's Leave & Benefit Act 2019
- Don't Forget About Fathers: Paternity Leave & Benefit Act 2016
Don't Get Caught Out: The 5 Core Terms
Throughout the pandemic some businesses were lucky enough to be able to hire new employees which is why it is important for employers to know their legal obligations in the first few days of an employees employment. The Terms of Employment (Information) Acts 1994 to 2014 clarifes at the outset what the terms of employment are, in order to avoid problems which may arise at a later date.
Under the Terms of Employment (Information) Acts 1994 to 2014:
- The employer must give an employee a written statement contains the five core terms of employment within 5 days of commencing employment.
- The employer must give an employee a full written statement of their terms of employment within 2 months of starting employment.
- The employer must notify the employee of any changes in the particulars of the statement within 1 month of the change taking effect.
Written Statement of Terms of Employment
The purpose of the written statement of terms of employment is to clarify the terms of a person's employment and to avoid uncertainty or misunderstandings, which can often lead to a dispute at a later date e.g. rates of pay for overtime hours not specified in advance.
It is important to note that a written statement of terms of employment is not necessarily the same as a contract of employment, although the two often overlap.An employer is obliged to issue a written statement of terms of employment to the employee which must be signed and dated by the employer however there is no requirement for an employee to sign a written statement of terms of employment.
The 5 core terms of employment which an employer must provide to an employee in writing within 5 days of commencement of employment are as follows:
1. Full names of the employer and the employee
2. Address of the registered office of the employer/ in the state/ the principal place of the relevant business
3. If it is a temporary contract, the expected duration of that temporary contract should be stated and if it is a fixed term contract, the date when that contract expires should be stated.
4. The rate or method of calculation of the employee's pay and the pay reference period for the purposes of the National Minimum Wage Acts 2000 and 2015.
5. The number pf hours which the employer reasonably expects the employee to work per normal working dat and per normal working week.
To avoid issuing two versions of a written statement of terms of employment (one version with the 5 core terms and the second version with the remaining terms0 it would be prudent for an employer to issue one version containing all terms within 5 days, or indeed before the employment commences so the employee is fully aware of the terms prior to commencement.
Additional Terms to Include in the Written Statement
The whole purpose of the written statement is to make absolutely clear to an employee what the terms of their employment are. An employer could add additional terms to avoid any confusion or uncertainty that might arise at a later date. Issues which may arise might include:
- Appearance/ Dress Code - Formal or Casual
- Compassionate Leave - Whether paid leave is granted for the death of a family member
- Confidentiality Clause
- Alcohol & Drugs Misuse Policy
- Study Leave
- Lay-Off & Short Time
- Data Protection Policy
- Business Travel Arrangements
- Health & Safety
This is not an exhaustive list. Where additional clauses or policies are included, the employer should also specify what disciplinary action will be taken against an employee who breaches any of these clauses.
The written statement must be given tot he employee even if the employee's employment ends before the end of the period in which the statement is required to be given. Where the employee leaves within 5 days of commencement, they should still be issued with a written statement containing the 5 core terms. Where an employee leaves within 2 months of commencement, the employer must still give the ex-employee a written statement, provided the employee has been in the continuous service fo the employer for at least one month.
The Act also specifies that an employer is required to retain the written statement for the duration of the employee's employment and for at least 1 year after the employment has ceased. The Social Welfare Consolidation Act 2005 states that an employer is required to retain a copy of the written statement for 2 years from the date on which the statement was issued for inspection by a social welfare inspector. The employer should ensure that a copy of the written statement is held for the longer of these durations.
Bright Contracts' contracts within the software not only cover the 5 core terms but also the additional terms. You can view a demo of the software and its contracts here. You can download a trial of the software here.
Related Articles:
- Introducing Contracts & Handbooks to Existing Staff
- Retirement in the Workplace: Is it enforceable?
Don't Forget About Fathers: Paternity Leave & Benefit Act 2016
The Paternity Leave and Benefit Act 2016 came into effect on the 1st of August 2016 and provides for 2 consecutive weeks paternity leave with protection of employment for a relevant parent in respect of a child born or adopted on or after the 1st of September 2016. The Act also provides that paternity leave may be transferred to the surviving parent on the death of a relevant parent.
The Act covers employees who are relevant parents or a surviving parent from the first day of employment, including those who are working as apprentices, as agency temps, civil servants etc.
Statutory paternity leave consists of 2 consecutive weeks leave to enable a father to provide care, or assist in the provision of care, for the child or provide support to the mother or adopting parent, or both.
Paternity leave can be taken at any time commencing on the date of the birth of the child or placement in the case of adoption, and ending no later than 26 weeks after the date of birth or placement.
Did you Know?
Shockingly, almost half of fathers entitled to paternity benefit do not avail of it and the level of uptake varies dramatically depending on the sector and size of company a person works in. While paid and unpaid leave for new fathers has increased and expanded in recent years, the uptake remains low with less than half (45%) of fathers entitled to paternity benefit did not take it in 2018.
The central statistics office released an employment analysis of maternity and paternity benefits. They haven't updated it past 2019 at present but we still thought the figures presented for 2016 - 2019 were interesting and worth looking at.
In 2019 paternity leave was paid to 3.1 men per 100 employees, which was a slight increase on the 2018 rate of 2.9. However this is still well below the rate of maternity benefit which was paid to 5.3 per 100 employees in 2019.
The sectors with the highest paternity and maternity benefit rate is the Public Administration & Defence. With Accommodation & Food Service having the lowest maternity and paternity benefit rate.
So how long must employers keep records of paternity leave?
The employer is required to keep a record of paternity leave taken by their employees, specifying the period of employment of each employee and the dates and times of paternity leave taken. These records must be maintained for a period of 8 years after the paternity leave has been taken. Failure to keep such records can mean the employer is liable to a Class B fine not exceeding €4,000.
Bright Contracts' handbook includes each family related leave policy including paternity leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
Related Articles:
- The Employer & Maternity Leave
- Supporting Female Employees: Implementing a Menopause Policy
The Employer & Maternity Leave
The main provision of the Maternity Protection Acts 1994 and 2004 is to provide for 26 weeks' maternity leave with protection of employment for female employees. In addition, an employee is entitled to further leave, known as additional maternity leave, up to a maximum of 16 weeks.
Since the 1st of October 2017, female employees are entitled to extend their maternity leave beyond 26 weeks where the baby is born more than 2 weeks before the expected week of confinement. In the event of a multiple birth, an employee is still only entitled to the 26 weeks maternity leave (or any extended leave due to a premature birth) and 16 weeks additional maternity leave.
The Maternity Protection Acts 1994 and 2004 also provide for:
- Leave on health & safety grounds if the Safety, Health and Welfare at Work Acts 2005 to 2014 require it.
- Leave of an employed father from his employment, on the death of the mother during her maternity leave.
The Acts cover all female employees (and male employees after the death of the mother following birth) from the first day of their employment and that includes apprentices, agency temps, officers or servants of a local authority and all civil servants.
Since the 1st of October 2017, female employees are entitled to extend their maternity leave beyond 26 weeks where the baby is born more than 2 weeks before the expected week of confinement – the due date to put it more simply. The amount of extended leave will be equivalent to the duration of the premature birth period. The premature birth period means a period which commences on the actual date the child was due to be born and expires 2 weeks before the end of the expected week of birth.
For example: If the baby is born 2 weeks early, then the employee will be entitled to 26 weeks consecutive maternity leave PLUS the extension to her maternity leave by the premature birth period which is 28 weeks.
Some common questions in relation to maternity leave include:
When must an employee commence maternity leave?
An employee is required to take pre-confinement maternity leave of a minimum of 2 weeks and a maximum of 22 weeks before the end of the week in which the baby is due meaning the employee must have a minimum of 4 weeks maternity leave remaining after the birth of the baby.
How must an employee notify their employer of their intention to take maternity leave?
The employee must notify their employer at least 4 weeks before the commencement of maternity leave, which must state the date on which the leave is due to commence AND produce a medical certificate confirming the pregnancy and the expected week of birth.
When does additional maternity leave commence?
It must commence immediately after the 26 weeks maternity leave or any extended leave due to a premature birth except where the mother avails of any transferred paternity leave which must be taken before the commencement of the 16 weeks additional maternity leave.
Does an employee accrue annual leave whilst on maternity leave?
Yes!The employee is treated as being in employment while on maternity leave or additional maternity leave. This means they continue to accrue annual leave. They are also entitled to leave for any public holidays that occur during their maternity leave (including additional maternity leave).
What are an employee's rights on Fixed-Term Contracts?
Women employed under fixed-term contracts may not be entitled to the full period of maternity leave or additional maternity leave if their contract ends while they are still on maternity leave, as their maternity/additional maternity leave will also end on the same day. The expiry of an employee’s contract of employment during maternity leave will not affect her entitlement to Maternity Benefit.
When an employee goes son maternity leave it is vitally important that the employer doesn't fall out of touch with the employee and also to keep them informed about any business news, for example, any changes in management and staff, particularly in their own team.
And lastly don’t assume the employee on maternity leave cannot attend social events. Attending a work social event might provide some very welcome relief and be a good way of catching up (both from the employee’s and the employer’s perspective).
Bright Contracts' handbook includes each family related leave policy including Maternity leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
Related Articles:
- Supporting Female Employees: Implementing a Menopause Policy
- Changes under the Family Leave and Miscellaneous Provisions Act 2021
The Budget 2022: What You Need to Know
The 2022 budget was released this week which aims to explain how money will be raised and spent in 2022. The budget saw some important changes across a variety of sectors with some important ones for employers to know which is why we have summarised them for you below so you don't miss out!
- The National Minimum Wage
The NMW will rise by 30 cent to €10.50 per hour
- Family
Maternity benefit and parental leave payments to be increased
Parent's Benefit extended by 2 weeks to 7 weeks from July next year
- Covid Supports
The employment Wage Subsidy Scheme will remain in place, in a graduated format, until 30 April, 2022 - the scheme will close to new employers from 1 January, 2022
- Working from Home & Income Tax
People who work remotely will see an income tax deduction of 30% of the cost of vouched expenses for heat, electricity and broadband. In his Budget speech, the Minister for Finance said Government policy is to facilitate and support remote work.
If you would like to read some more detailed information and analysis, or even read the Ministers’ Budget day speeches to the Dáil, visit http://gov.ie/budget to find out more.
Related Articles:
- Key Features: Updates to the Work Safely Protocol
- The Essential Elements of a Hybrid Working Policy
Don't Get Caught Out: Maximum Award For The Employee Against Mandatory Retirement
Ensuring you are fully compliant with Irish employment law is a must when looking at ending an employees employment whether it be by termination or retirement. The following case is an example as to how not taking the right steps can lead to a huge cost for the employer.
The Case: Senior Staff Nurse Vs Nursing Home
The Complainant was employed as a senior staff nurse from the 10th May 2014 until the date of her compulsory retirement on the 28th October 2019, by the Respondent, a nursing home in liquidation. She received remuneration of approximately €5,883 per month gross. The Complainant sought an award of compensation in respect of discrimination suffered, loss of almost a year’s work and loss of redundancy payments before the Respondent closed and went into liquidation.
The Complainant was initially provided with a “Relief Panel Fixed Term Contract” requiring her to work ‘as required and when the need arises, varied hours up to 39 hours of a standard 39 hour week’. This included a retirement clause stating ‘Retirement age is 65 years. Employment beyond retirement age is exceptional and only by agreement of the employer.’ There were no further renewals of this contract, and it therefore effectively became a contract of indefinite duration. The Complainant was granted a one-year extension on her compulsory retirement, setting her new retirement date as the 31st of October 2019.
In July 2019, the Complainant entered discussions with Ms. A, who was the Clinical Nurse Manager and the Complainant’s line manager in regards to continuing her employment following the 31st of October 2019. Here, Ms, A. indicated her support for this and told the Complainant to apply for an extension in writing which she did, she did not receive a response. In absence of a response, the Complainant went straight to the Director of Nursing, Mr. B where he informed her that this would not be possible and that they would only have work for her until the end of October 2019. He also informed her verbally that there was a plan to recruit non-EEA national nurses to fill positions with the Respondent. Non-EEA national work visas can only be applied for by employers when no suitable EEA nationals were available to work in the same occupational category. The Complainant asserts that the Respondent did not offer any rationale or objective justification for their decision to terminate her employment.
On 25th October 2019, the Complainant received her final communication from Mr. B confirming that her last working day would be 28th October 2019. Non-EEA nurses were recruited in November 2019 and took over the Complainant’s duties. The Respondent operated for a further eleven months and was then subject to High Court Winding-Up Proceedings on the ground of insolvency. Some staff were redeployed nearby, others received statutory redundancy and approximately €3,000 ex gratia payment which the Complainant had been denied. She had received an excellent reference from Ms. A, which the Complainant asserts proves that she was dismissed based purely on age. The complaint was referred to the WRC on 28th February 2020 where noo evidence was provided in rebuttal of the complaint that the Respondent had acted unlawfully and in breach of the Employment Equality Acts on the ground of age.
Decision: The Adjudicator found that the only basis for the Complainant’s compulsory retirement was her date of birth, and that at the time she was provided with the Fixed Term Contract in 2018 upon her reaching the age of 65, no objective justification was given either verbally or in writing. The Adjudicator was satisfied that there was sufficient work available that the Complainant was fully capable of undertaking. The Respondent was ordered to pay the Complainant €85,000, being 2 years’ remuneration, in compensation for breaches of the Employment Equality Acts.
The takeaway of this case for employers is they should note that compulsory retirement must have an express valid reasoning and justification behind it, and that it is not exempt from being construed as discrimination on the basis of age.
Related Articles:
- Retirement in the Workplace: Is it enforceable?
Key Features: Updates to the Work Safely Protocol
Following on from our post The Phased Return to the Workplace , further guidance has been given into the recent government changes effect on the Work Safely Protocol. The Protocol sets out the minimum public health measures required in every place of work to prevent and reduce the spread of COVID-19.
While employers are still expected to comply with their normal health and safety obligations, employers should note that from 22 October 2021 the requirement to work from home will be removed and the statutory regime in place to protect public health will be wound down. Further guidance is expected in advance of that date. So what are some of these key changes:
From 20 September 2021:
- Businesses can begin a phased and staggered return to workplaces for specific business requirements
- Two metre social distancing, the wearing of masks in certain circumstances, hygiene measures and appropriate ventilation remain in place
- Appropriate attendance levels should be maintained in accordance with the Protocol
- Staggered arrangements should be considered, such as non-fulltime attendance and flexible working hours
- Each workplace must have a Lead Worker Representative that works with the employer to prevent the spread of COVID-19 in the workplace, and
- The requirement for self-isolation / restricted movements will continue for those with symptoms, who should immediately seek a test, those with positive test results, and close contacts of confirmed cases, unless fully vaccinated with no symptoms
From 22 October 2021:
- Depending on continued satisfactory vaccination rates, the Government intends to remove further statutory restrictions from this date. In particular, the requirement to work from home will be removed, allowing a return to physical attendance in workplaces on a phased and cautious basis, appropriate to each sector.
- Remote working will become a regular feature of Irish working life as the Government continues to implement Making Remote Work, Ireland’s National Remote Work Strategy, and
- Legal requirements in relation to social distancing and mask wearing will no longer apply in the majority of circumstances. An emphasis on personal responsibility will be encouraged. This means that employees cannot insist on compliance with social distancing, mask wearing or the provision of sanitising equipment or products in the workplace
With employee's returning one of the most important actions for employers to take is to review their risk assessments and health & safety policies. In order to pinpoint how and where could the virus be transmitted in your workplace you must look at the hazards, evaluate the risks and put control measures in place and The Health and Safety Authority has produced checklists to assist in the reopening of workplaces.
In conclusion, the return to the workplace should be conducted in a cautious manner and in consultation with employees. The government is moving towards a focus on personal responsibility from the 22nd of October 2021 and the Government will consult with employers in advance of this date to prepare guidance for the next phase of easing public health restrictions.
Related Articles:
- The Phased Return to the Workplace
- Let's Get Topical - The Vaccine Policy
The Essential Elements of a Hybrid Working Policy
Following on from our previous post 'Your Must Have Hybrid-Working Checklist' having hybrid working policies and agreements in place is essential when returning employees to the office and agreeing a split between working form home and in the office. We see the important elements of a hybrid working policy to be the following:
1. Detail the split between attending work and working remotely
Your hybrid working policy should detail the split between attending work and working remotely and state what number of days an employee will spend attending the workplace and working remotely. The number of days will depend on but is not limited to some of the following;
- the nature of the employees role
- what is happening within their role and team at any particular time
- individual circumstances
- the needs of the business, including space available at the businesses work locations
2. Working Hours
The working hours the employee must work in the office and at home must be stated, for example: For days on which the employee is attending the office, their normal hours of work are set out in their contract of employment.
Ensure you also detail that while working remotely, they must be available and working during their normal hours of work, as set out in their contract of employment while also listing the break and lunch times and being clear that they must avoid overworking, down time from work is essential.
3. Safe-Working While Working Remotely
Detail the procedure your employees must follow should they have any health & safety concerns while working at home, for example; if any work-related accidents occur in your home.
4. Remote Working Procedures
This section of the policy is where you will detail:
- Sickness Absence
- Compliance with Policies
- Technology & Equipment
- and a reference to data protection
Bright Contracts have recently updated the software to include a hybrid working policy which can be found under the 'Terms & Conditions' section of the handbook. If you'd like to preview this content prior to consider purchasing a licence you can do so here.
Related Articles:
- Your Must Have Hybrid-Working Checklist
- The Link Between Hybrid Working & Employee Engagement
Your Must Have Hybrid-Working Checklist
The coronavirus pandemic has completely changed how we live, not just in our personal lives but the way we work too. With hybrid-working becoming a dominant feature in the workplace for everyone businesses are now faced with developing a hybrid policy, creating agreements with their employees and ensuring the success of these arrangements. We believe that preparation is essential for employers when implementing hybrid working which is why we have developed a checklist for employers which can be followed when looking an the implementation of a hybrid model:
Step 1: Look at what works best for your organisation
Step 2: Communicate your intentions
Step 3: Written agreements
Step 4: Implement your hybrid policy
and 5: Refer back to your covid-19 response plan
- Step 1: Hybrid working can bring huge benefits in terms of productivity, flexibility and employee wellbeing – but it’s not the best option for everyone.Think carefully about what your organisation has learned during the pandemic and how your people feel about it. What have been the benefits of working at home and the disadvantages of not being together in the workplace? If hybrid working does appeal, think about what would be the best blend – more home working or more time in the office. Ensure you also look at your HSA health & safety checklists for office and home working. The HSA has these checklists available on the HSA website.
- Step 2: Once you’ve worked out what could work best for your business, make sure you communicate your plans to your employees. Do this well in advance of any change so employees have a chance to feed back their views.
- Step 3: You must ensure you have written agreements in place with your employees which communicates what is expected of them in order to avoid any confusion and any possible future disputes. Bright Contracts have template hybrid working letters available on the Bright Contracts website which can be downloaded here and edited to suit your businesses hybrid model arrangements.
- Step 4: Once written agreements are in place next you need to implement a hybrid working policy within your organisation which we have just made available on our Bright Contracts Software. We hope this provides organisational leaders and business owners a simple but effective framework to make hybrid working a successful reality. With government guidelines on safe working constantly changing in response to the pandemic, hybrid working policies need to be reviewed much more regularly than most other policies
See our follow up blog post 'The Essential Elements of a Hybrid Working Policy' to read what your hybrid policy should detail.
Bright Contracts has a hybrid working policy available in the software which is available under the 'Terms & Conditions' tab. If you'd like to see a sample of this content you can do so by downloading the software and availing of a free trial. we have also recently upgraded our software to include hybrid working in the employment contracts which can be viewed in the contract section fo the handbook under the heading 'Places of Work'.
Related Articles:
- Hybrid Working: Know The Basics
- The Link Between Hybrid Working & Employee Engagement
The Phased Return to the Workplace
The 1st of September marked the day the Irish government agreed Ireland’s plan for the next and final phase of our countries response to the COVID-19 pandemic: 'Reframing the Challenge, Continuing Our Recovery and Reconnecting, this response sets out the phased lifting of the majority of remaining restrictions. With over 88% of the over 18 population fully vaccinated and 92% of adults having received at least 1 dose and subject to the continuation of this progress, Ireland will enter a final phase on the 22nd of October, which is likely to last until at least next Spring. This next phase will see the majority of restrictions lifted and replaced by guidance to enable us to work together to protect ourselves.
Depending on the up to date data on COVID-19 up to the 22nd of October, the plan indicates that further restrictions are scheduled to be lifted such as the requirements for physical distancing however, the wearing of mask indoors in healthcare settings, retail and on public transport is likely to remain.
The Government’s plan also confirms that from the 20th of September a return to workplaces for specific business requirements will commence on a phased and staggered attendance basis. The plan states that employers should develop or finalise their long-term hybrid working and return to work policies and have plans in place regarding their operational requirements in line with the public health advice. They also state that the Work Safely Protocol will be further updated to ensure that appropriate guidance is provided for the next phase of reopening including the return to offices. Once the Protocol is updated, we will provide you with a further update.
With employee's returning one of the most important actions for employers to take is to review their risk assessments and health & safety policies. In order to pinpoint how and where could the virus be transmitted in your workplace you must look at the hazards, evaluate the risks and put control measures in place. As previously mentioned in our previous blog post Hello Update! - Additions to the Return to Work Safely Protocol ventilation of enclosed workplace settings should be considered as part of the workplace risk assessment.
So what can employers do right now?
Employers will be required to reinforce safe working practices with the next key development being to see what is contained in the updated Work Safely Protocol when it is published shortly. While we all await the update to the protocol employers should develop their hybrid-working policies, ready their hybrid working letters confirming hybrid arrangements, both of which are available in our Bright Contracts software.
Bright Contracts has recently been updated to cover these consideration points for our customers to include in their employee handbooks, which can be found under the terms and conditions tab.
Related Articles:
- Hybrid Working: Know The Basics
- The Link Between Hybrid Working & Employee Engagement
