Carer's leave act, 2001

• Enactment Date: 02 July 2001
• Act Number: 19

Number 19 of 2001
CARER'S LEAVE ACT, 2001
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Regulations. 4. Voidance or modification of certain provisions in agreements. 5. Expenses.
PART 2
Carer's Leave
6. Entitlement to carer's leave. 7. Supplemental provisions to section 6. 8. Manner in which carer's leave may be taken. 9. Notice of carer's leave. 10. Confirmation of carer's leave. 11. Termination of carer's leave. 12. Postponement, curtailment and variation of carer's leave by parties concerned.
PART 3
Employment Rights
13. Protection of employment rights. 14. Return to work. 15. Right to alternative employment. 16. Protection of employees from penalisation.
PART 4
Resolution of Disputes
17. Disputes. 18. Reference by employer to Minister for Social, Community and Family Affairs on certain issues. 19. Reference of disputes to rights commissioner. 20. Appeal from decision of rights commissioner. 21. Redress. 22. Enforcement of decisions and determinations. 23. Appeal to High Court on point of law.
PART 5
Miscellaneous
24. Service of notices. 25. Winding up and bankruptcy. 26. Amendment of Act of 1967. 27. Amendment of Act of 1977. 28. Amendment of Organisation of Working Time Act, 1997. 29. Amendment of National Minimum Wage Act, 2000. 30. Extension of Protection of Employees (Employers' Insolvency) Act, 1984. 31. Maintenance of records. 32. Inspectors. 33. Penalties, proceedings, etc. 34. Review of Act.
Acts Referred to Adoptive Leave Act, 1995 1995, No. 2 Bankruptcy Act, 1988 1988, No. 27 Civil Service Regulation Act, 1956 1956, No. 46 Companies Act, 1963 1963, No. 33 Companies Acts, 1963 to 1999 Courts Act, 1981 1981, No. 11 Employment Agency Act, 1971 1971, No. 27 Local Government Act, 1941 1941, No. 23 Maternity Protection Act, 1994 1994, No. 34 Minimum Notice and Terms of Employment Act, 1973 1973, No. 4 National Minimum Wage Act, 2000 2000, No. 5 Organisation of Working Time Act, 1997 1997, No. 20 Parental Leave Act, 1998 1998, No. 30 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Protection of Employees (Employers' Insolvency) Act, 1984 1984, No. 21 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Acts, 1967 to 1991 Social Welfare Act, 2000 2000, No. 4 Social Welfare (Consolidation) Act, 1993 1993, No. 27 Unfair Dismissals Act, 1977 1977, No. 10 Unfair Dismissals Acts, 1977 to 1993
Number 19 of 2001
CARER'S LEAVE ACT, 2001
AN ACT TO PROVIDE FOR THE TEMPORARY ABSENCE FROM EMPLOYMENT OF EMPLOYEES FOR THE PURPOSE OF THE PROVISION OF FULL-TIME CARE AND ATTENTION TO A PERSON REQUIRING IT, TO PROTECT THE EMPLOYMENT RIGHTS OF THOSE EMPLOYEES DURING SUCH ABSENCE, AND FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [2nd July, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title.	1.—This Act may be cited as the Carer's Leave Act, 2001.
	Interpretation.	2.—(1) In this Act, unless the context otherwise requires—
	“Act of 1967” means the Redundancy Payments Act, 1967 ;
	“Act of 1977” means the Unfair Dismissals Act, 1977 ;
	“Act of 1993” means the Social Welfare (Consolidation) Act, 1993 ;
	“Act of 2000” means the Social Welfare Act, 2000 ;
	“appeals officer” has the meaning assigned to it by the Act of 1993;
	“associated employer” shall be construed in accordance with subsection (2);
	“carer's leave” shall be construed in accordance with section 6 ;
	“confirmation document” has the meaning assigned to it by section 10 ;
	“continuous employment” shall be construed in accordance with section 7 (6);
	“contract of employment” means—
	(a) a contract of service or apprenticeship, and
	(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency, within the meaning of the Employment Agency Act, 1971 , and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not that third person is a party to the contract),
	whether the contract is express or implied and, if express, whether it is oral or in writing;
	“deciding officer” has the meaning assigned to it by the Act of 1993;
	“dispute” shall be construed in accordance with section 17 ;
	“employee” means a person of any age, who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act, 1956 ) shall be deemed to be an employee employed by the State or Government, as the case may be, and an officer or servant of a local authority for the purposes of the Local Government Act, 1941 , or of a harbour authority, health board or vocational education committee shall be deemed to be an employee employed by the authority, board or committee, as the case may be;
	“employer” means, in relation to an employee—
	(a) the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual's employer, and
	(b) includes, where appropriate, the successor of the employer or an associated employer of the employer;
	“full-time care and attention” shall be construed in accordance with section 82A (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993;
	“Minister” means the Minister for Enterprise, Trade and Employment;
	“prescribed” means prescribed by regulations made by the Minister under this Act;
	“relevant person” has the meaning assigned to it by section 82A(1) (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993;
	“successor” has the meaning assigned to it by section 14 (1)(a);
	“Tribunal” means the Employment Appeals Tribunal.
	(2) For the purposes of this Act, 2 employers shall be taken to be associated if one is a body corporate of which the other (whether directly or indirectly) has control or if both are bodies corporate of which a third person (whether directly or indirectly) has control and “associated employer” shall be construed accordingly.
	(3) In this Act—
	(a) a reference to a Part or section is a reference to a Part or section of this Act, unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
	(c) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
	Regulations.	3.—(1) The Minister may—
	(a) by regulations, provide for any matter referred to in this Act as prescribed or to be prescribed, and
	(b) make regulations generally for the purpose of giving effect to this Act.
	(2) Before making regulations under this Act, the Minister shall consult with the Minister for Social, Community and Family Affairs, any other Minister of the Government with whom, in his or her opinion, it is appropriate to consult and persons whom the Minister considers to be representative of employers and employees having regard to the regulations so made.
	(3) Regulations under this Act may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.
	(4) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
	Voidance or modification of certain provisions in agreements.	4.—(1) A provision in any agreement shall be void in so far as it purports to exclude or limit the application of any provision of this Act or is inconsistent with any provision of this Act.
	(2) A provision in any agreement which is or becomes less favourable in relation to an employee than a similar or corresponding entitlement conferred on the employee by this Act shall be deemed to be so modified as to be not less favourable.
	(3) Nothing in this Act shall be construed as prohibiting the inclusion in an agreement of a provision more favourable to an employee than any provision in Parts 2 to 5.
	(4) References in this section to an agreement are to any agreement, whether a...