Employment Law – 2024 in Review
With 2024 coming to a close, it’s useful to reflect on the year’s key changes in employment law. New rules and new rights have brought important updates for both employers and employees to be aware of. This post will revisit the highlights, providing a quick refresher on essential points to help you stay compliant and informed.
Sick Pay
The Sick Leave Act 2022 introduced an employee sick pay scheme with 3 days of statutory sick pay. This came into effect on 1st January 2023.
From 1st January 2024, the entitlement increased to 5 days of statutory sick pay. The Government is currently considering ESRI’s research on statutory sick pay and will later decide if there are to be any increases for 2025 and 2026.
The template Sickness Absence policy in Bright Contracts can easily be tailored to provide information on either statutory sick pay or company sick pay.
Rights to Request Flexible Working and Remote Working
Since 7th March 2024, employees who are parents or carers have been granted the right to request flexible working arrangements. Additionally, all employees have been granted the right to request a remote working arrangement, from the same date.
There is helpful guidance on how to make and respond to these requests in the Workplace Relations Commission’s Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working. When preparing the Code, the WRC considered feedback from trade unions, employer representative bodies, and the Irish Human Rights and Equality Commission,
New policies on these statutory rights were added to the Bright Contracts Handbook, to support employers with their new responsibilities.
Parent’s Leave
Parent’s Leave increased from 7 weeks to 9 weeks, for children born or adopted after 1st August 2024. Parent’s Benefit also increased to 9 weeks. (An employee could also claim the additional 2 weeks if their child was under the age of 2 on 1st August 2024, or if their adopted child had been placed less than 2 years before 1st August 2024.)
Full details of the entitlement are provided in the Parent’s Leave and Benefit Act 2019, amended by the Family Leave and Miscellaneous Provisions Act 2021. The Bright Contracts Handbook includes a comprehensive template Parent’s Leave policy.
Takeaways for Employers
It has been a significant year for HR and employment law. To support employers as they navigate these changes, Bright Contracts provides a wide variety of resources which can be tailored to specific needs, including template policies and supporting documents.
Visit our website or talk to a member of our team to find out more about the help we can offer you.
Legal Update: Parent’s Leave Increasing in August 2024
Parent’s Leave entitlement is increasing to 9 weeks.
Key Changes
From 1st August 2024, the statutory entitlement for Parent’s Leave will increase to 9 weeks’ leave.
Parent’s Leave will increase from 7 weeks to 9 weeks for children born or adopted after 1st August 2024. Employees will also be entitled to claim the additional 2 weeks of Parent’s Leave if their child is under the age of 2 years old on 1st August 2024, or if their adopted child has been placed with their family less than 2 years on 1st August 2024.
Parent’s Leave is available during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family.
Parent’s Benefit will also increase from 7 weeks to 9 weeks, for employees who qualify for this benefit.
The legislation governing Parent’s Leave is the Parent’s Leave and Benefit Act 2019, as amended.
Other Types of Leave Entitlements for Parents
It is important to remember that Parent’s Leave is a separate entitlement to Parental Leave.
Parental Leave entitles parents to unpaid leave from work for the purpose of looking after their children, for up to 26 weeks. This entitlement applies to: employees who are parents and guardians of children under 12 years of age; employees who adopted children between the age of 10 and 12, these employees can take Parental Leave for up to 2 years after the date of the adoption order; and employees who are parents and guardians of children with a disability or long-term illness, it is possible to take Parental Leave until these children are 16 years of age.
Other types of statutory leave available to parents are: Adoptive Leave, Force Majeure Leave, Maternity Leave, Medical Care Leave, and Paternity Leave.
Compliance
Failure to comply with the legal obligations relating to leave entitlements can lead to serious consequences including: lost trust and confidence, breakdowns in employee relations, WRC claims, financial penalties, and reputational damage.
Takeaways for Employers
It is essential to keep up to date with the statutory requirements for employee leave entitlements.
Bright Contracts clients have access to a comprehensive Employee Handbook, including template policies for Adoptive Leave, Force Majeure Leave, Maternity Leave, Medical Care Leave, Parent’s Leave, Parental Leave, and Paternity Leave. Please contact us if you would like more information.
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.
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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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